bluuebunny/crossref_metadata_2025 huggingface dataset:
Searching
Authors: Dutton William H.
Published: May 2023

Searching provides a means for networked individuals to more independently source information. The rising use of search engines helped identify the importance internet users placed on sourcing their own information in the space of flows rather than being dependent on institutions, like governments or libraries, that are geographically local. By looking at how people find information online from diverse sources and check its veracity, you can see how individuals avoid being trapped in local networks, misinformation, filter bubbles, or echo chambers. These empirical findings demonstrate the value of focusing on patterns of internet use, rather than extrapolating impacts based on features of the technology, such as search algorithms. Search enables individuals to access tools equivalent to those used by scholars, journalists, public officials, and intellectuals. Networked individuals are less dependent on government, the press, or any single authority telling them what to read or believe. It enables individuals to challenge or confirm their own views and be exposed to more diverse views.
A Power Shift for Democracy and Society
Authors: Dutton William H.
Published: May 2023

A network power shift for democracy and society results when strategies of networked individuals of the Fifth Estate come into play in a particular context. This chapter illustrates the role of the Fifth Estate as a new network power in political processes—making political accountability more distributed and pluralistic in contexts where there is a critical mass of users. The Fifth Estate is arguably a gift to democracy but distinctly different from institutional initiatives, such as e-government and e-democracy innovations aimed at reinforcing the role of existing institutions by better digital engagement with the public. Fifth Estate innovations in governance and politics are initiated by individuals and less dependent on existing institutions for their influence, in simple ways such as when individuals tweet about televised debates or when public comments are aggregated to find areas of consensus using Polis. At times, this network power can be influential in autocratic as well as liberal democratic regimes. However, politics is only one of many arenas of society—from newsrooms to the living room—in which the Fifth Estate can shape outcomes for politics and society by empowering networked individuals that use the internet strategically.
The Future of the Fifth Estate
Authors: Dutton William H.
Published: May 2023

As the next billion internet users come online, the future of the Fifth Estate is promising. Despite the challenges that need to be addressed in a global cycle of distrust in technology and institutions, the Fifth Estate has already offered an empirically grounded perspective on network power shifts. They are enabling democratic institutions, governments, the press and media, and business and industry to be more pluralistic, transparent, and accountable across all sectors of society. However, the Fifth Estate is not indestructible. The chapter therefore ends with perspectives on how to address threats to the Fifth Estate, such as through more decentralized user-centric initiatives around cybersecurity that can complement and possibly diminish an overreliance on more top-down media-centric regulations that could undermine privacy and freedom of expression. The chapter concludes with a call for protecting and tracking the vitality of the Fifth Estate as one barometer of the health of liberal democratic institutions and processes in the digital age. Increasing education and awareness of this network power shift at all levels should help build and protect the Fifth Estate and foster the transparency, knowledge, and accountability it will bring to politics and society.
Patents and Trade Secrets
Authors: Bently Lionel , Aplin Tanya
Published: May 2023

This chapter discusses how patents and trade secrecy represent alternative legal mechanisms for the protection of the results of innovative technical research. Patents provide the holder with a term of absolute exclusivity over the use of the claimed innovation, while trade secrecy offers more informal means of protection. The chapter covers the issues of overlap between patents and trade secrecy, which presents an assumption that there is a choice between two regimes. The court often views the two regimes as complementary with the willingness to recognize that most pre-patenting uses of confidentiality and trade secrecy should not jeopardize patenting. The chapter then explicates how international intellectual property obligations recognize the parallel roles for confidentiality or trade secrecy and patents. It elaborates on how trade secrecy and patents can be deployed.
Overlaps Between Copyright, Rights of Publicity, and Personality Rights
Authors: Ochoa Tyler T.
Published: May 2023

This chapter considers the overlapping features of copyright, rights of publicity, and personality rights. It also looks into the difference in the enactment of the laws in the UK, the US, and the EU that balance personality rights with copyrights and freedom of expression. Even though personality rights and freedom of expression are both considered basic rights in European countries, the European Court of Human Rights allows individual countries to strike their balance under the due consideration of the people involved. In the US, copyright pre-empts the right of publicity in cases that merely involve the reproduction of a copyrighted work, which would typically outweigh in cases of advertising and merchandising. On the other hand, the UK is more lenient on merchandising uses and media usage, unless the celebrity has a reasonable expectation of privacy.
Moral Rights and Economic Rights: Overlapping Protection of Authors Under Copyright Law
Authors: Sundara Rajan Mira T.
Published: May 2023

This chapter focuses on the moral rights and economic rights of overlapping protection of authors under copyright law. It considers the history and theory of moral rights protection, which emerged in civil law countries while France and Germany spearheaded the legal development. The issue of overlapping rights within copyright law involves the adaptability of copyright to technological needs and the continuing need to encourage authorship in the technological environment. The chapter also references the Canadian case of Théberge v. Galerie d’Art du Petit Champlain , which dealt with Canadian copyright law under the rapidly changing technologies for reproducing works. It highlights how the complexity of the interests involved in authorship demands nuance, which resulted in the fluidity of economic and other interests established in copyright law and theory.
Protection of Marks Under Trademark Law and Passing Off
Authors: Fhima Ilanah Simon
Published: May 2023

This chapter covers the overlap between trademark law and passing off in the UK. It clarifies that passing off is reserved for marks that have been used in the jurisdiction, while trademark protection arises from the act of registration. Protections against confusion and dilution are the nature of the protection that indicia and signs receive under passing off and trademark law respectively. The chapter also considers the loss of protection when the mark becomes deceptive or generic because of the acts or inaction of the trademark proprietor. Moreover, passing off only protects indicia that were acquired through goodwill, which tends to dissipate over time.
Overlaps Between Trademarks and Geographical Indications
Authors: Gangjee Dev Saif
Published: May 2023

This chapter considers the overlaps between trademark law and geographical indication (GI) protection under the context of unfair competition prevention. It outlines the emergence of independent or sui generis GI protection as a regime that has both parallels and points of difference with trademark law. Both GI and trademark regimes can regulate the use and misuse of collectively used geographical signs in the marketplace. Moreover, certification or collective marks and sui generis registered protection have emerged as the two dominant models of protection. The chapter elaborates on the efforts of the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO) regarding international GI protection commitments. It explains how geographical signs can be registered as both GIs and trademarks, despite the ‘descriptive signs’ exclusion rule.
Marcel Proust
Authors: Wood Michael
Published: May 2023

This short book explores the work of Marcel Proust as an event in the world, something that happened to literature and culture and our understanding of history. The subject is not so much how Proust changed our lives, biographically or individually, as how his writing affected, directly or indirectly, life in general in the twentieth century and after; how it altered, or could alter, the perceived order of the world, the horizons of thought and feeling available to us. We know science and philosophy seek to do this and quite often succeed; I hope to show that a novel can do it too, in its own way and because it is a novel and not something else. The Proust event has more aspects than we can count, but I have tried to offer detailed critical snapshots of seven of them: the birth of Proust as a novelist; Proust’s demonstration that we need to mythologize our lives in order to understand them; his curious, continuing belief that reality reaches us only as a sort of musical variation, the second time around; his patient display of love not as romance but as irresistible nightmare; his sense of the Dreyfus Affair as a garish proof that one can almost get away with almost anything; his persuasive but paranoid belief that we shall find justice in the end but only for the wrong crime; and his brilliant enactment of an endless ending.
Judicial Appointments in Comparative Perspective
Authors: Grabenwarter Christoph
Published: May 2023

The chapter examines the appointment of constitutional justices in the European legal space by systematically comparing the design of the appointment procedure, the bodies with authority to appoint justices, the factual power to appoint judges for other than constitutional bodies, and material requirements for holding office. It continues analysing the selection of judges at the ECJ and the ECtHR in the context of national requirements and presents from a comparative perspective the general objectives and principles governing the design of the appointment procedure with a focus on the rule of law, democratic legitimacy, and separation of powers. Finally, the chapter applies the framework on the constitutional crisis in Poland since 2015 and uses it as a case study for how a government can dismantle a constitutional court by disregarding the principles of judicial appointment.
The Venice Commission : Its Nature, Functioning, and Significance in the Multi-Level Cooperation of Constitutional Courts
Authors: Grabenwarter Christoph
Published: May 2023

This chapter analyses the development and functioning of the European Commission for Democracy through Law (Venice Commission). While not being a judicial body in the strict sense, the Commission’s task is to strengthen and support constitutional courts in three ways: to reinforce their legitimacy, stabilize their organization, and strengthen their expertise. This chapter describes the legal bases, the types of documents published by the Commission, and general particularities in the process of preparing its opinions. In their work, the Commission’s members strive to support the common constitutional heritage of Europe; they do so by strengthening an understanding of constitutional courts that are open to European integration and committed to the rule of law and democracy based on fundamental rights.
Financing Water Security and Green Growth
Authors: Brears Robert C.
Published: May 2023

Financing Water Security and Green Growth provides a comprehensive overview of innovative financial instruments and approaches available to implement and mainstream water security and green growth initiatives at various scales and in different contexts. In particular, the book provides readers with knowledge of how the water sector is applying a range of financial instruments and approaches to create climate-resilient water supplies, reduce water–energy–food nexus pressures, encourage water conservation and efficiency, increase water reliability, decrease the costs and pollution associated with wastewater disposal, utilize natural processes to improve water quality, manage water quantity by restoring the hydrologic function of the landscape, and improve overall water governance. Furthermore, the book provides in-depth case studies of the innovative application of financing tools to achieve water security and green growth in various locations of differing climates, lifestyles, and income levels, with best practices identified.
Market-based Instruments Financing Water Security and Green Growth
Authors: Brears Robert C.
Published: May 2023

Over the past several decades, market-based instruments (MBIs) have become the preferred environmental policy tool for influencing environmental outcomes for a range of reasons. Those include a new orientation towards markets and deregulation in public policy, increasing recognition of the limitations of government in general, and of traditional command and control systems of environmental regulation in particular, an increasing concern that regulations may not adequately cope with emerging environmental problems, and a desire to further implement the polluter pays principle and to internalize environmental costs into the prices of goods and services. This chapter will discuss the various MBIs available for locations to finance water security and green growth, particularly water pollution taxes, various water pricing structures, subsidies, and incentives.
Public–Private Partnerships Financing Water Security and Green Growth
Authors: Brears Robert C.
Published: May 2023

Public–private partnerships (PPPs) are long-term integrated contracts that provide water services, including water and wastewater treatment plants and green infrastructure, to achieve water security and green growth. Since the 1990s, both developed and developing countries have utilized PPPs for many reasons, including expanding the range of service providers beyond traditional public sector monopolies, providing infrastructure and associated services more efficiently, providing cost-effective infrastructure, and driving local economic growth. This chapter will first discuss the concept of PPPs and their financing. The chapter will then discuss PPPs in the context of water resources management. Finally, the chapter will review irrigation-specific and community-based PPPs for green infrastructure.
Biodiversity Offsets Financing Water Security and Green Growth
Authors: Brears Robert C.
Published: May 2023

Infrastructure development results in biodiversity loss due to loss and fragmentation of species’ habitats and land use and land cover changes. Biodiversity loss is an environmental challenge of global concern as biodiversity, and associated ecosystems, provide a range of invaluable services to society that underpins human health and well-being, security, and economic growth. These services include clean water and flood protection. As a result, there has been a growing interest in biodiversity offsetting as a policy instrument for financing biodiversity conservation on the ground or in the water during the past decade. This chapter will first define the concept of biodiversity offsets. The chapter will then review how their performance and success can be enhanced, followed by a review on how to ensure their financial sustainability. Finally, the chapter will provide a framework for preparing and implementing biodiversity offsets on the ground or in the water.
Using Force to Protect Civilians
Authors: Kjeksrud Stian
Published: May 2023

Using Force to Protect Civilians offers the first comprehensive analysis of United Nations (UN) military protection operations across time and UN missions, building on a new and unique dataset capturing 200 operations from 10 UN peacekeeping missions in Africa from 1999 to 2017. Employing a mixed-methods research design, the book finds that Blue Helmets succeed as often as they fail when they employ force to protect, indicating that they can wield force effectively—under the right conditions—to achieve this priority task. Using Force to Protect Civilians finds that effective UN military protection operations must rest on a deep understanding of perpetrators’ motivation and modus operandi for attacking civilians, facilitating tailored military responses to stop or reduce physical threats in a timely manner. Adding to existing knowledge about the conflict reducing effect of the presence of uniformed UN personnel, this book finds that it also matters what Blue Helmets do to protect, more than being present in large numbers. While protecting civilians is a priority task for military peacekeepers, we hold limited knowledge about how they fare across time and in different UN missions when they use force to protect. We also remain largely ignorant of the conditions leading to successful outcomes when they intervene militarily to protect civilians from violence. Using Force to Protect Civilians addresses both knowledge gaps and builds steppingstones toward a theory on the utility of force to protect civilians in UN peace operations.
Africa And the World,
Authors: Cunliffe Barry
Published: May 2023

The two centuries covered by this chapter are dominated by two events, the take over of Egypt and much of North Africa by the Ottoman Turks and the exploration of the Atlantic coast of Africa by the Portuguese. The imposition of Ottoman rule had surprisingly little effect on Africa apart from a certain deadening effect on creativity. The Portuguese maritime exploration initiated greater changes. Its imperatives were to expand trade, by setting up trading factories at certain points along the West African coast and by opening up the route around the southern tip of the continent to the Indian Ocean. The establishment of trading enclaves along the coast of the Gulf of Guinea provided the forest communities of West Africa with the opportunity to trade directly with Europe cutting out the middlemen in the Sahel and the Sahara. This will have impacted on the western Sahel where the Songhai Empire was flourishing. The arrival of the Portuguese in the Indian Ocean brought the Portuguese into direct competition with the Muslim traders. Meanwhile, Morocco, led now by the Sa’id dynasty, and bolstered by their success against the Portuguese, decided to send a military force, across the Sahara, against the Songhai Empire. Though, in the end, a failure it marked the beginning of a new phase in African history in which gunpowder was to dominate.
Introduction
Authors: Stocking Charles H.
Published: May 2023

The introduction introduces the history of the problem of force in the Iliad beginning with Simone Weil and Bruno Snell, contrasting a universal view in Weil with a culturally specific and linguistically manifold conception of Homeric force in Snell. It further explores the continuation of that problematic in the work of Benveniste, Bourdieu, Derrida, and Foucault as well as treatments within the discipline of Classics, thus indicating the inseparable link between the philological and philosophical interpretations of force. The introductory chapter also offers a synopsis of the meaning and significance of the eight different terms for force in Homer: kratos, alkē, biē, menos, sthenos, (w)is, dynamis, and damazō.damnēmi.
The “Force that Kills”
Authors: Stocking Charles H.
Published: May 2023

This chapter considers how the concept of force is deployed in reference to the death of Homeric warriors. The final chapter begins by revisiting Simone Weil’s specific conceptualization of force from L’Iliade ou le poème de la force and her earlier essays. Although Weil’s treatment of force seems almost self-explanatory, there is in fact a rich genealogy to her thought. Through examination of essays prior to her essay on the Iliad, it is demonstrated that Weil’s thinking on Homer and force appears to be formulated as a direct response to the Marxist notion of “productive forces.” Marx’s own account of productive forces was designed to explain how humans lost their agency or “self-activity.” Weil formulates, as a counterpoint to productive forces, the destructive force of war both in the Iliad and in modern times, which also rob human subjects of active agency. Although Weil’s thinking on force does not apply to all Homeric terms, it is demonstrated how her specific conceptualization of force as the “subjugation of the subject” does pertain to the Homeric verb, damazō, as it appears in the three most iconic deaths of the Iliad—those of Sarpedon, Patroclus, and Hector. At the same time, the chapter demonstrates how the deployment of this verb presents a model of “co-agency” between the human and divine, which is distinct from Weil’s own assumptions about subjectivity.
Functional morphology
Authors: Buskirk Steven W.
Published: May 2023

Functional morphology considers how organ- and tissue-level structure relates to function. As regards carnivorans, it tends to focus on locomotion, prey handling and mastication, digestion, crypsis, and thermoregulation. The skull displays complex design trade-offs related to display-defense, prey capture, mastication, vision, hearing, balance, olfaction, endocrine function, and housing the brain. Predaceous carnivorans, especially those that eat prey larger than themselves, have enlarged structures related to handling prey: canine teeth, carnassial teeth, the sagittal crest, nuchal crest, and zygomatic arch. The carnassial shearing teeth are important for severing tendons and ligaments and are a common—but not universal—morphological landmark in living members. Lineages that have lost the predaceous habit have more rounded cheek teeth that coarsely grind plant material or invertebrate shells or exoskeletons. Several locomotor styles are reflected in the structure of the post-cranial skeleton and soft tissues. They include fossorial movement (including digging), cursation and walking, tree-climbing, swimming, and diving to great depths. Considered across eutherian mammals, length of the small intestine is related to diet, with more carnivorous lineages exhibiting shorter guts. Marked exceptions include pinnipeds, which have very long small intestines, and the pandas, which have guts little modified from their predaceous ancestors. Major ecomorphotypes of carnivorans include scansorial, dog-like, cat-like, scavenging, semi-fossorial, semi-aquatic, and marine forms.
Interactions with prey
Authors: Buskirk Steven W.
Published: May 2023

Carnivorans participate in trophic webs that include herbivores, plants, and other community members. Carnivorans weighing less than 20 kg tend to prey on species much smaller than themselves, whereas larger ones kill species about their size or larger. Preying on species much larger than oneself requires high rates of energy expenditure, cooperative behaviors, and increased risk of injury. The largest land herbivores are largely immune to predation. Kill rate is an important attribute of predation ecology but is unavailable for all but a few large carnivoran species. Whether carnivorans limit prey abundance across years is a recurring question for ecologists. Where carnivorans are introduced to places where no carnivorans (or no eutherians) previously lived, effects can be dramatic; many island fauna have been driving to extinction by carnivorans. By contrast, on mainlands with complex native vertebrate communities, the effect of a single carnivoran species on a prey species with multiple predators can be indetectable. How carnivorans limit prey species is often framed as a question of bottom-up vs. top-down effects; many study systems show both effects, sometimes interacting. Ecologists commonly use indices to discern bottom-up from top-down effects in ungulate populations. Prey diversity tends to stabilize carnivoran populations, and multiple prey systems can affect prey abundances asymmetrically, leading to apparent competition. Migration and aggregation are both reported behaviors to reduce predation risk. Chronic exposure to predation risk can reduce reproduction and even survival. Carnivorans can contribute to cyclic population fluctuations.
The Russian Kurosawa
Authors: Solovieva Olga V.
Published: May 2023

The Russian Kurosawa offers a new historical perspective on the work of the renowned Japanese film director Akira Kurosawa. It uncovers Kurosawa’s debt to the intellectual tradition of Japanese–Russian democratic dissent, reflected in the affinity for Kurosawa’s worldview expressed by such Russian directors as Grigory Kozintsev and Arseny Tarkovsky. Through detailed discussion of the Russian subtext of Kurosawa’s cinema, most clearly manifested in the director’s films based on the works of Dostoevsky, Tolstoy, Gorky, and Arseniev, the book shows that Kurosawa used Russian intertext to deal with the most politically sensitive topics of postwar Japan. Locating the director in the cultural tradition of Russian-inflected Japanese anarchism, the book challenges prevalent views of Akira Kurosawa as an apolitical art-house director or conformist studio filmmaker of muddled ideological alliances by offering a philosophically consistent picture of the director’s participation in post-war debate on cultural and political reconstruction.
Introduction
Authors: Kapuria Radha
Published: May 2023

Undivided Punjab is a telling focus of investigation, given its geographical location—connecting the heartlands of north India with the frontiers of Central Asia—and its inhabitants’ embrace of both the popular and elite domains of music in a way that challenges the familiar trajectory of Indian music’s embourgeoisement and nationalization under colonialism. This chapter prompts a reassessment of Punjab’s regional identity, given its familiar stereotyping as the land of ‘rustic’ culture, by focusing especially on the lesser-known history of Hindustani classical or rāgadārī music in the region. Existing histories of Hindustani music in colonial India have not touched on the Punjab, and conversely, most scholarship on music in Punjab is largely limited outside the purview of the classical, thereby unconsciously upholding the ‘rustic Punjab’ stereotype. The chapter then demonstrates the importance of hereditary art musicians for the regional Punjab context, to reveal how classical training had a relevance outside and beyond the paradigm of the nation, in a more local milieu. While challenging the symbolic alienation of the ‘classical’ from Punjab’s culture, it also notes the paradoxical locations that ‘classical’ music has historically had in the Punjab context, often performed in spaces associated with ‘folk’, qawwālī or gurbāṇī music, such as melās (fairs), or the shrines of sūfī saints. By focusing on rāgadārī musicians in Punjab, whilst simultaneously being attentive to their deep interconnections with folk, gurbāṇī, and qawwālī musicians, the chapter offers a distinctive and more complex perspective situated within wider work on culture in modern South Asia.
Confirmation Bias
Authors: Lidén Moa
Published: May 2023

Starting in the 1960s with Wason’s famous 2-4-6 task, a wealth of data pertaining to confirmation bias has been collected in increasingly realistic experiments addressing specific real-life settings. This led to Nickerson’s widely accepted definition of confirmation bias in 1998, in which Nickerson emphasizes the subconscious nature of confirmation bias. The implications of this are discussed here in detail, including reflections from research into metacognition. Since confirmation bias is a human element rather than the product of a specific context, examples of other contexts in which confirmation bias has been studied and found are provided, including witch hunts, medicine, and science. Furthermore, explanations of confirmation bias found in cognitive, emotional, and motivational as well as social and organizational psychology are outlined together with reflection on how these findings can be converted into potential debiasing techniques.
Theoretical Framework
Authors: Demaria Federico
Published: May 2023

Chapter 2 provides the theoretical framework explaining, first, how the contribution is situated in the common ground between three fields: ecological economics, political ecology, and waste studies; and second, the main theoretical contribution, namely the concept of capital accumulation by contamination. First, ecological economics provides a framework to understand the relationship between the environment and the economy, with concepts such as social metabolism (the flows of energy and materials) and cost-shifting (VS externalities). Second, political ecology brings into the picture the political dimension, or else the power relations. The focus is ecological distribution conflicts, born out of an unequal distribution of benefits and burdens, due to an uneven distribution of power. Third, it contextualizes the case studies within waste studies explaining why waste management, and specifically recycling, has been chosen to be the focus of this book. In particular, it proposes to extend the metaphor of metabolism between biology and economics, and view waste recyclers in societies playing out a role similar to decomposers in natural ecosystems. Last, the chapter explores key political economy notions in order to introduce the new concept of capital accumulation by contamination, and explain how it differs from the one of capital accumulation by dispossession. This is defined as the process by which capitalism socializes costs, through successful costs-shifting, which degrades the means of existence and bodies of human beings in order to find new possibilities for capital valorization. This new concept clarifies what are the driving forces which influence the way social metabolism changes.
The notion of the data subject: an average individual?
Authors: Malgieri Gianclaudio
Published: May 2023

This chapter answers the following question: what is the notion of the data subject in the GDPR? This question can have two different kinds of answers: one more descriptive and the other more evaluative. As regards the description of an ‘average’ data subject, it is necessary to analyse the wording of the GDPR to understand the characteristics and properties of the data subject. However, on a more speculative ground, this chapter analyses whether the general structure of rights, safeguards, and duties in the data protection field assumes a ‘standard’ data subject, in other words, whether an average data subject actually exists. To answer this, the chapter compares data protection law with consumer law, a field in which the definitions of average and vulnerable individuals are well-established. The CJEU and the EU legislator have developed an ‘average consumer test’ as a counterpart to a vulnerable consumer standard. Accordingly, the author wonders whether the notion of an ‘average’ data subject in the GDPR is comparable to the notion of average consumers in EU consumer law.
Definition of ‘Domestic Abuse’ (Sections 1–3)
Authors: Bettinson Vanessa
Published: May 2023

This chapter focuses on the definition of domestic abuse. The legislation definition allows the Domestic Abuse Act (DAA) to fulfil its objective of providing clear information about all forms of this abuse leading to its greater identification by statutory and non-statutory practitioners and the general public. Practitioners should seek to avoid the pitfall of downplaying domestic violence by aligning their responses to national Violence Against Women and Girls strategies and following the statutory guidance issued under the DAA. The chapter also looks into the definition of 'personally connected' under the context of a domestic abuse relationship. It elaborates on Section 3, which introduced the legal recognition of children as victims of domestic abuse.
Special Measures for Victims and Witnesses and Orders Under the Children Act (Sections 62–67)
Authors: Jones Gillian
Published: May 2023

This chapter focuses on the special measures dedicated to victims and witnesses. The fifth part of the Domestic Abuse Act (DAA) 2021 provides clarification of the law which recognises the needed statutory protections for victims and witnesses across criminal, family, and civil jurisdictions. The DAA's special measure also includes the prohibition of domestic abuse victims' cross-examination in person and civil proceedings. The chapter recognises the vulnerability of witnesses in criminal courts and family and civil proceedings. It then considers the orders under Section 91(14) of the Children Act 1989 that prevents people from making further specified applications without the permission of the court.
Pragmatist Semantics
Authors: Zalabardo José L.
Published: May 2023

The book defends a pragmatist account of the meaning grounds of central semantic discourses—ascriptions of truth, of propositional attitudes, and of meanings. On a pragmatist account, what makes the sentences of these discourses have the meanings they have is the procedures that regulate their acceptance and rejection. The application of the pragmatist template to ethical discourse is also explored. The pragmatist approach is presented as an alternative to representationalist accounts of the meaning grounds of declarative sentences, according to which a sentence has the meaning it has as a result of links with the bits of the world that it purports to represent. The book develops a version of the open-question argument to support the claim that the meaning grounds of the discourses it focuses on cannot receive representationalist accounts. It is generally assumed that a declarative sentence cannot perform the function of representing the world unless it has a representationalist meaning ground. The book rejects this assumption, arguing that sentences with pragmatist meaning grounds can represent the world in exactly the same sense in which sentences with representationalist meaning grounds do. This requires that there are states of affairs that the target sentences represent as obtaining, and the book develops an account of the nature of the states of affairs that can play this role for sentences with pragmatist meaning grounds. The book ends by developing the suggestion that the meaning grounds of all our representational discourses might be ultimately pragmatist.
Embodied Idealism
Authors: Berendzen Joseph C.
Published: May 2023

Embodied Idealism: Merleau-Ponty’s Transcendental Philosophy argues that Maurice Merleau-Ponty’s early thought—primarily as found in The Structure of Behavior and Phenomenology of Perception—stands as a form of transcendental idealism. This interpretation runs against the grain of much of the Merleau-Ponty scholarship, and opposing interpretations are not without support. Merleau-Ponty is at points highly critical of idealism in his early works. Also, his emphasis on embodiment would seem to run counter to the idealist view that the mental is central to reality. Embodied Idealism argues that these points can be accommodated within a transcendental idealist interpretation. Merleau-Ponty’s overt criticisms of idealism are aimed at specific aspects of idealist theories that are not obligatory aspects of idealism in general. Rather, his critique is typically aimed at a specific version of intellectualist idealism associated with his teacher Léon Brunschvicg. And in spite of his overt criticisms of idealism, Merleau-Ponty’s early philosophy holds that our experience is inextricably structured by our minds. Furthermore, he holds that reality is ontologically dependent on the mind, yet in a manner that also allows for a sense in which reality is mind-independent. And it is crucial to this interpretation that Merleau-Ponty’s emphasis on embodiment leads to a unique view of embodied consciousness and subjectivity that supports a novel form of idealism, rather than motivating an anti-idealist position. Thus, his transcendental idealism is genuinely an embodied idealism.
Merleau-Ponty’s Early Critique of Idealism
Authors: Berendzen Joseph C.
Published: May 2023

This chapter has two main aims. The first is to examine the specific references Merleau-Ponty makes to idealism prior to the publication of Phenomenology of Perception. This examination can help one get a better sense of what, exactly, Merleau-Ponty means by the term and what he is actually objecting to in his critical discussions. The second aim is to provide historical context for these references by discussing the three idealist philosophers—Léon Brunschvicg, Edmund Husserl, and Immanuel Kant—who most influenced Merleau-Ponty’s philosophical development. This textual and contextual investigation will show that Merleau-Ponty is targeting some very specific views—which are often directly tied to Brunschvicg’s thought—when he is critical of idealism.
The Purpose and Promise of Budget Support
Authors: Fardoust Shahrokh , Koeberle Stefan G. , Piatti-Fünfkirchen Moritz , Smets Lodewijk , Sundberg Mark
Published: May 2023

This chapter traces how different donors and multilateral agencies embraced and approached budget support over several different phases including the design, use, and content of conditionality as integral features of budget support as a cornerstone of a new aid architecture that emerged at the beginning of the Millennium. Through policy dialogue, predictable financing, and coordinated donor engagement, budget support was supposed to bring the donor community and government together around the country’s own measures and targets to meet the Millennium Development Goals (MDGs), especially the goal of eradicating extreme poverty. Budget support promised to increase country ownership, build country capacity, and strengthen country systems rather than use the parallel structures set up to satisfy donor requirements. Expectations also included improved donor coordination rather than aid fragmentation, the leveraging of results by scaling up funding and influencing overall government expenditure programmes, greater predictability of resource flows, and greater accountability. Budget support was expected to be more efficient and cost-effective per dollar transferred, thanks to lower transactions and preparation costs promoted by donor harmonization.
Promise, Disenchantment, and Sobriety
Authors: Fardoust Shahrokh , Koeberle Stefan G. , Piatti-Fünfkirchen Moritz , Smets Lodewijk , Sundberg Mark
Published: May 2023

Confidence in budget support eventually turned to disenchantment following the initial years after the Paris Declaration. Despite credible evidence of its effectiveness, this shift in perception was driven by a combination of a stronger results orientation, a preference for traditional tangible ‘bricks and mortar’ projects, high-profile episodes of political repression or corruption; the erosion of the Poverty Reduction Strategy Papers (PRSPs) approach; and an overloading of budget support programmes with non-critical conditionality measures. Expectations of sharply increased aid flows turned out to be unrealistic and new donors emerged. Reshaping budget support as an instrument that retains public support would require (i) understanding recipient countries’ political economy and specific development conditions; (ii) addressing fiduciary concerns by donors; (iii) designing realistic and mutually agreed programmes focused on critical reforms that are recognizably significant and relevant to longer term development outcomes and the creation of public goods; (iv) establishing a clearer division of labour among donors; and (v) providing more realistic projections of likely development financing from domestic and international sources, including from the private sector.
How Can Budget Support Meet 21st Century Challenges?
Authors: Fardoust Shahrokh , Koeberle Stefan G. , Piatti-Fünfkirchen Moritz , Smets Lodewijk , Sundberg Mark
Published: May 2023

Chapter 6 examines future challenges to budget support as a tool for development. Budget support is the main development instrument to support broad policy and institutional reform for resilience and growth. When used selectively it is a valuable tool for development assistance in a highly interdependent world facing mounting global challenges. Effectiveness depends on the quality of dialogue, broad ownership of reform, and joint problem-solving between committed partners. Evidence shows the impact of budget support through advance reform objectives, improving public services, and supporting economic performance, although not in all countries and circumstances. Continued learning about context-specific drivers remains a priority. The chapter addresses the concerns of critics and advances three priorities: 1) to provide fast-disbursing support during fiscal crises; 2) support medium-term programmes to accelerate inclusive growth in low-income and fragile countries; and 3) support the global commons against mounting risks posed by climate change, pandemics, and economic interdependence.
Refugee Protection and Solidarity
Authors: Milazzo Eleonora
Published: May 2023

This book aims to define the duties that EU member states have towards each other in the field of refugee protection. It employs the analytical tools of normative political theory to bring moral clarity to a highly divisive debate on both principles and political feasibility. The central normative problem prompting this project arises from the discrepancy between the commitment to solidarity enshrined in EU law and the reality of asylum provision. The events related to the so-called EU ‘migration crisis’ of 2015/16 have exposed this discrepancy and questioned the nascent notion of EU solidarity at its core. The crisis of the EU asylum system, in fact, is not just a symptom of failed integration. It is also a distinctively moral failure that has brought to the fore a distributive dilemma and exacerbated already existing differences between member states. Despite the clear manifestations of a breakdown in cooperation, the current debate on the ethics of refugee protection does not provide much guidance on the normative constraints that should apply to the allocation of responsibility for reception and protection in a regional organization like the EU. There is a broad literature on state duties towards refugees and asylum seekers and an entirely separate scholarship on duties of solidarity between EU member states, dealing mostly with distributive social justice. This book addresses systematically the question of how international duties towards refugees relate to interstate duties inside the EU, bridging the gaps between the commitment to solidarity and the reality of EU asylum policy.
Reputation
Authors: Harvey William S.
Published: May 2023

This chapter explains what we mean by reputation and provides a working definition of the concept for the remainder of the book. Reputation can be defined as the multiple perceptions of an entity made by different stakeholders, based on their evaluations of the past capabilities and character of the entity, and their assessment of its ability to provide future contributions. I refer to the book’s title, ‘Reputations at Stake’, to capture the many risks that reputation can present, how it is inextricably linked to its stakeholders, and how entities can hold not one but many reputations. Because multiple reputations are at stake, it requires careful management.
Doing Well by Doing Good
Authors: Harvey William S.
Published: May 2023

Focusing on the health and wellbeing of its employees is both morally the right thing for an organization to do and strategically sound because it has positive implications in terms of motivation and productivity. This chapter draws on four varied examples of commitment to the wellbeing of employees, members of the community, and supporting others. The first example looks at an innovative health and wellbeing intervention to support the mental health of front-line police staff. The second example looks at how executive search firms during the global financial crisis of 2007–2008 took positive steps to navigate their precarious economic circumstances. The third example shows the paradoxical lessons of compassion that can be taken from tattoo-faced warriors and headhunters from the principal kingdoms of Nagaland. The final example looks at the influence of Daoist nothingness, and in particular letting go and empowering others, among Chinese leaders in small and medium sized enterprises in the rapidly growing logistics sector in Shanghai.
Concluding Remarks
Authors: Harvey William S.
Published: May 2023

This chapter returns to the title of the book that indicates multiple reputations are at stake. This is evident from the macro level of countries, governments, cities, and regions through to meso-level factors of organizations and factors at the individual level of leaders, managers, and employees. Reputation can have rewards for those who effectively engage in its management and costs for those who abscond because they lose any control of their narrative. Building on the evidence and examples in this book, I conclude by providing some cautionary recommendations that are not necessarily easy to accept or implement and that require temperament. In short, reputation envelops everything we do, it operates at multiple levels, and is too far-reaching as a currency to ignore.
WHERE ARE WE GOING?
Authors: Donald Athene
Published: May 2023

What would equity look like? Can we get there? Changes need to be made, not just in our laboratories and other STEM workplaces but, just as importantly, at the societal level to normalize women in the STEM, to inspire girls from the earliest years and enable them to visualize themselves as fitting in. We need to eradicate ideas that girls don’t like maths, that you have to be brilliant to do physics, and we need to ensure the classroom provides appropriate support. Once women have entered the STEM professions, we need to ensure that practical matters (e.g. caring responsibilities) do not get in the way of progression. There are myriad ways in which scientists contribute to society, it is not simply about labs or factories, and these different ways need to be celebrated too. If we are to solve today’s and tomorrow’s problems, we need a diversity of perspectives. This can only be achieved if women are fully involved and their talent not lost. Attitudes and workplaces have changed. They need to change more and faster.
Conclusion
Authors: Chapman Nathan S. , McConnell Michael W.
Published: May 2023

This concluding chapter reflects on the importance of the Establishment Clause, which has facilitated the development of the most religiously diverse society the world has ever known. The Establishment Clause itself is solely about religion, but establishments can come in many different forms. The experience of disestablishment serves as a caution against any attempt by the government to foster a culture of ideological uniformity.
Imposed Upon No More
Authors: Turley Richard E. , Brown Barbara Jones
Published: May 2023

Caught up in the heat of the Mormon Reformation, Utah’s territorial legislature sends two memorials (petitions) to the federal government, demanding the right to choose their own leaders and threatening to “send away” any federal appointees who won’t seek to identify with them and their values. One clerk called it “almost another declaration of independence.” The memorials arrive in Washington as two federal appointees recently returned from Utah complain that Mormon leaders promote theocracy, polygamy, and relationships with Utah’s Indians that are “anti-American.” When newly elected President James Buchanan decides to send a replacement for Brigham Young as Utah’s territorial governor, escorted by a contingent of U.S. troops, Young and other church leaders determine to prevent the troops from entering their settlements in Utah. Their strategy includes encouraging and leading Indian bands throughout Utah to raid emigrant cattle companies then traveling through the territory towards California.