bluuebunny/crossref_metadata_2025 huggingface dataset:
Conclusion
Authors: Jones James W.
Published: March 2019

The two primary intellectual pillars supporting many of the current arguments against theological claims, supposedly drawn from cognitive neuroscience (and science in general), are a physicalist metaphysics and a positivist epistemology. Both have been analyzed here and found wanting. The theoretical and scientific problems with physicalism have only been summarized in this book since they are extensively developed in other places which are alluded to in the text and notes. But even these brief summaries should be sufficient to show that physicalism is hardly the uncontested and self-evident viewpoint that it is often made out to be in the popular media. I have suggested ways in which some versions at least of embodied knowing might also support other perspectives on the nature of the physical world (particularly that part of the physical world known as our body) and more complex models of human nature and even certain types of dualism.
Manipulated Agents
Authors: Mele Alfred R.
Published: March 2019

Thought experiments featuring manipulated agents and designed agents have played a significant role in the literature on moral responsibility. What can we learn from thought experiments of this kind about the nature of moral responsibility? That is this book’s primary question. An important lesson lies at the core of its answer: Moral responsibility for actions has a historical dimension of a certain kind. A pair of agents whose current nonhistorical properties are very similar and who perform deeds of the same kind may nevertheless be such that one is morally responsible for the deed whereas the other is not, and what makes the difference is a difference in how they came to be as they are at that time—that is, a historical difference. Imagine that each of these agents attempts to assassinate someone. Depending on the details of the cases, it may be that one of these agents is morally responsible for the attempt whereas the other is not, because one of them was manipulated in a certain way into being in the psychological state that issues in the behavior whereas the other agent came to be in that state under his own steam. A variety of thought experiments are considered. They include stories about agents whose value systems are radically altered by manipulators, vignettes featuring agents who are built from scratch, and scenarios in which agents magically come into being with full psychological profiles.
Courting Gender Justice
Authors: Sundstrom Lisa McIntosh , Sperling Valerie , Sayoglu Melike
Published: March 2019

Women and the LGBT (lesbian, gay, bisexual, and transgender) community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a tiny minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR in the last 20 years. But only one of these cases resulted in a finding of gender discrimination—and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront those who try to use domestic and international law to fight gender and sexual orientation discrimination in Russia and Turkey, and sheds light on the factors that make legal victories possible both at home and abroad. Based on interviews with human rights and feminist activists and lawyers in both countries, this engaging book grounds the law in the experiences of individual people fighting to defend their rights.
Gender Discrimination Cases at the European Court of Human Rights: Why So Few?
Authors: Sundstrom Lisa McIntosh , Sperling Valerie , Sayoglu Melike
Published: March 2019

Over the past two decades, Russian citizens whose rights have been violated at home have appealed tens of thousands of cases to the European Court of Human Rights (ECtHR), which rules on the basis of the European Convention on Human Rights (ECHR). But only three of the Russian cases that have reached a judgment from the ECtHR have included gender discrimination claims, and all three of these cases were brought by men, not women. This chapter briefly discusses the domestic and international barriers to bringing gender discrimination complaints to Russian courts and to the ECtHR. The chapter also introduces our cross-national and cross-issue comparison cases: discrimination against women in Turkey, and against the LGBT community in Russia and Turkey, and court cases on these issues in Russia, Turkey, and at the ECtHR. The chapter includes our methodology (a description of our research process and our interviewees in both countries) and a brief explanation of how the ECtHR works. The chapter summarizes our findings as to what enables legal victories in domestic and international courts on gender discrimination cases: activism requires activists; winning cases requires legal expertise on discrimination cases (which is often lacking); winning discrimination cases requires systematic data proving a pattern of bias; winning cases is contagious, in that winning a legal victory on one issue (such as domestic violence) leads to further legal victories on that issue. Chapter 1 also includes summaries of the rest of the book’s chapters.
Conclusion
Authors: Sundstrom Lisa McIntosh , Sperling Valerie , Sayoglu Melike
Published: March 2019

Chapter 7 concludes the book with a focus on the findings from our analysis that suggest lessons for nongovernmental organization (NGO) activists, lawyers, and officials at the European Court of Human Rights (ECtHR) and within the wider Council of Europe institutions to draw upon in understanding how to facilitate justice for victims of gender discrimination in Russia and other Council of Europe states. In an era when many European and former-Soviet states appear entrenched in or are moving closer to authoritarian rule, the possibility for citizens to seek protection of their human rights from transnational institutions becomes increasingly important. We argue that although human rights protection and multilateralism in general are under threat from popular nationalist, xenophobic, and socially conservative forces in many countries, the recognition of women’s rights as being part and parcel of human rights must remain central to our understanding of meaningful citizenship, and that upholding the international treaties that offer such protections is crucial to the expansion and reinforcement of democracy and human rights.
Gaining Voice
Authors: Clark Christopher J.
Published: March 2019

This book adopts a multifaceted approach to study of black state legislators across the country. Using the descriptive representation framework, multiple facets of black representation are studied. Black seat share is the primary facet considered, and it is measured as the proportion of seats held by blacks in the state legislature. The black representation ratio measures the black seat share relative to the black population share. Parity exists when blacks are represented in the state legislature at a rate that matches their population share. Legislative black caucuses are also studied in this work, representing the institutionalization of the black presence in state legislatures. The first half of the book shows that while black people are critical for explaining black representation in state legislatures, that institutional and non-racial demographic factors also account for the black seat share, black representation ratio, and emergence of state legislative black caucuses. A “demographics is destiny” explanation insufficiently accounts for blacks gaining voice in state legislatures. The second half the book considers the consequences of black representation in state government. On the one hand, a greater black presence increases education spending, black political involvement, and liberalizes black public opinion. On the other hand, an increased black presence is linked with less liberal welfare policy, in particular in places where Democrats hold the majority of state legislative seats. Thus, an increased black presence in the legislature can be seen as a double-edged sword.
Explaining Black Descriptive Representation in State Legislatures
Authors: Clark Christopher J.
Published: March 2019

Diversity in representative bodies is important to political scientists, with many focusing on the presence of African Americans in legislatures. This chapter examines black seat share and the black representation ratio in state legislatures, from 1992 to 2010. The findings show that while the relationship between black population and the black seat share is linear, the black population in a state has a non-linear relationship with the black representation ratio. This provides partial support for the expectation that because of racial threat, the relationship between black population and black descriptive representation is non-linear. Moreover, there is more to explaining black descriptive representation than the presence of African Americans. Legislative professionalism, the partisan attachments of voters, and the Latino population in the state are other important predictors of black descriptive representation in state legislatures.
The Creation of State Legislative Black Caucuses
Authors: Clark Christopher J.
Published: March 2019

Black legislative caucuses allow blacks to leverage their strength in numbers and best advocate for shared interests. This chapter examines the conditions under which 32 state legislative black caucuses emerged, from 1966 to 1986. It also provides the first systematic analysis of the emergence of state legislative black caucuses, and it presents a new theory of black caucus emergence by combining two existing explanations of why these entities form. The findings show that legislative black caucuses are more likely to form than not when around 17 blacks serve in office. However, there is more to the emergence of black caucuses than black presence. Democratic seat share and the number of standing committees in states also influence the emergence of black caucuses.
Why Dance?
Authors: Foster Susan Leigh
Published: March 2019

Chapter 4 excavates the structures of belief that rationalize and sustain the exchange of dance as either commodity or gift. It considers how the materiality of dance itself along with the ways that it is transmitted contains values that promise well-being, improvement, or success at the same time that they exclude or repress other sets of values. It looks specifically at categories such as the beautiful, the classical, and the natural as making universalist claims regarding the importance of dance, and it connects these values to notions of hard work, showing how for any given form of dance, any of these concepts can imply profoundly different physical actions. The chapter demonstrates how these sets of values permeate the vocabulary and style of a given form of dance, and how they also inform the way that dance is taught, performed, and viewed. It then probes the values inherent in the choreography of three dance artists, Deborah Hay, William Forsythe, and Savion Glover, whose distinctive forms of dance-making have consistently transformed commodified forms of dance exchange into opportunities for gift exchange.
Signs in the Dust
Authors: Lyons Nathan
Published: March 2019

Modern thought is characterised, according to Bruno Latour, by a dichotomy of meaningful culture and unmeaning nature. Signs in the Dust uses medieval semiotics to develop a new theory of nature and culture that resists this familiar picture of things. Through readings of Thomas Aquinas, Nicholas of Cusa, and John Poinsot (John of St Thomas), it offers a semiotic analysis of human culture in both its anthropological breadth as an enterprise of creaturely sign-making and its theological height as a finite participation in the Trinity, which can be understood as an absolute ‘cultural nature’. Signs then extends this account of human culture backwards into the natural depth of biological and physical nature. It puts the biosemiotics of its medieval sources, along with Félix Ravaisson’s philosophy of habit, into dialogue with the Extended Evolutionary Synthesis in contemporary biology, to show that a cultural dimension is present through the whole order of nature and the whole of natural history. It also retrieves Aquinas’ doctrine of intentions in the medium to show how signification can be attributed in a diminished way to even inanimate nature. The phenomena of human culture are reconceived then not as breaks with a meaningless nature but instead as heightenings and deepenings of natural movements of meaning that long precede and far exceed us. Against the modern divorce of nature and culture, then, the argument of Signs in the Dust is that culture is natural and nature is cultural, through and through.
Biosemiosis
Authors: Lyons Nathan
Published: March 2019

Part II of this book takes the account of human culture developed in Part I and extends it backwards into biological and physical nature to reveal culture’s third dimension of natural ‘depth’. This chapter begins that task by considering the biosemiotics of Aquinas, Cusa, and Poinsot, according to which all organisms live, know, and communicate by means of signs. Together these medieval thinkers offer a rich account of the semiotic processes of receptive sensation and expressive communication in non-human organisms, especially emphasising the diversity of semiotic repertoires among species and the single metaphysics of signification that is common to humans and non-human organisms. The production of meaning through signs is then a vast phenomenon of which human culture is but one local expression. The biosemiosis that is in play among all living things represents the biological depth of culture.
What We Mean When We Talk about ‘Human Rights’
Authors: Wheatley Steven
Published: March 2019

Chapter 1 examines the different ways the idea of ‘human rights’ is understood in the philosophical literature: as a modern idiom for natural rights, establishing a moral code for the treatment of human beings; as defining the proper relationship between the state and the individual; as explaining the circumstances when secondary agents of justice can intervene in the internal affairs of a state; and as a discrete area of international law practice. Noting the lack of agreement on the meaning of the term ‘human rights’, the analysis here looks to develop a practice-based account, explaining the idea of human rights by reference to the practice, which, in turn, creates its own vision of the value of the human person in political societies.
Complexity as a Methodology in International Law
Authors: Wheatley Steven
Published: March 2019

Chapter 2 explains how we can use complexity theory to make sense of the international law system. Drawing on the insights of our colleagues in the natural sciences, it shows how we can conceptualize international law as the emergent property of the actions and interactions of states, evolving as states respond to unexpected changes in the behaviours of other states or occurrences in the outside world. The work takes the key insights from complexity—self-organization, emergence and downward causation, problem-solving, synchronic evolution, bifurcations, path dependence, events, and attractors—and shows how these can be applied to international law.
The Core UN Human Rights Treaty Systems
Authors: Wheatley Steven
Published: March 2019

Chapter 4 examines the core United Nations human rights treaties. It shows how we can think of these as complex systems, the result of the interactions of the states parties and the treaty bodies. The work first explains the regime on opposability and denunciation, which establishes the binding nature of the conventions, before considering the law on reservations, noting how this differs from the scheme under general international law. The chapter then turns to the interpretation of convention rights, detailing the distinctive pro homine (‘in favour of the individual’) approach applied to human rights treaties. The law on interpretation also requires that we examine the subsequent practice of states parties, as well as the pronouncements of the treaty bodies. The doctrine of evolutionary interpretation explains how the ‘ordinary meaning’ of treaty terms can evolve with developments in technical and scientific knowledge, changes in societal understandings, and wider modifications in regulatory approaches outside of the human rights treaty system.
Customary Human Rights Law
Authors: Wheatley Steven
Published: March 2019

Chapter 5 looks at customary human rights law, explaining how we can think about custom as a self-organizing system, the emergent property of the performative acts of states, who literally ‘speak’ customary human rights into existence; customary law then binds the same countries that brought it into existence, exhibiting the characteristics of a complex system. Complexity serves to remind us of the importance of path dependence, the power of events, and possibilities of change as states respond to new information. The work shows how the measures targeting apartheid South Africa after the Sharpeville Massacre resulted in the first customary human right on the prohibition of racial discrimination, as well as an evolution in the methodology for custom-formation, allowing reference to General Assembly resolutions and law-making treaties. The chapter further demonstrates how the status of persistent objector was denied to apartheid South Africa, confirming the non-negotiable character of fundamental human rights.
Epistemology and Philosophical Method
Authors: Millar Alan
Published: March 2019

Mainstream epistemology has aimed to provide reductive analyses of knowledge in terms of conditions on belief. Kinds of knowledge, for instance, perceptual knowledge and knowledge from testimony, are supposed to be explicated by drawing on the general analysis. This chapter outlines an alternative approach to epistemological method that aims to provide substantive accounts of knowledge of particular kinds and to illuminate knowledge in general in terms of those accounts. A case is made for the claim that those enquiring into the truth of some matter should aim at knowledge, and indeed reflective knowledge. It is argued that although epistemology is concerned with the nature of knowledge it should be sensitive to how the concept of knowledge figures in our thinking. Fruitful conceptual enquiry need not aim to provide analyses of concepts.
Justified Belief, Reasons, and Evidence
Authors: Millar Alan
Published: March 2019

Normative reasons for belief—reasons to believe something—are constituted by truths or facts. Such reasons are distinguished from motivating reasons for belief, that is, reasons for which a subject believes something. These are constituted by considerations that the subject treats as reasons to believe. One has a justified belief, in the sense of a well-founded belief, only if the considerations that constitute one’s motivating reason are truths that one knows. Evidence-based knowledge that P is explicated in terms truths or facts that provide an adequate reason to believe that P. It is argued that not all knowledge is evidence-based, and suggested that we need to make sense of the idea that evidence adequate for knowledge is clinching evidence. The discussion addresses a problem raised by Jennifer Hornsby about the distinction between normative and motivating reasons.
Perception and the Justification of Belief
Authors: Millar Alan
Published: March 2019

The discussion in this chapter is critical of theories that treat experiences, conceived in a non-relationalistic fashion, as evidence for beliefs, as in the work of Earl Conee and Richard Feldman. It is also critical of James Pryor’s theory of immediate justification. Judgements implicated in recognition, being exercises of general recognitional abilities, are regarded as rationally responsive to ways the world is. Justification for beliefs acquired in acts of recognition is provided by truths as to what one perceives to be so. An account is given of our access to such truths, and objections to the view of justification are addressed. Affinities with, and differences from, views advanced by John McDowell are explored, with particular attention given to his conceptions of experience. Implications for empiricism are drawn out.
Hermes among Pan and the Nymphs on Fourth-Century Votive Reliefs
Authors: Laferrière Carolyn M.
Published: March 2019

The presence of Hermes on many Attic fourth-century BCE votive reliefs dedicated to Pan and the Nymphs is a common but unexpected feature of the corpus. Although he is not mentioned in the dedications inscribed onto the reliefs, Hermes nevertheless occupies a prominent position within the images as leader of the Nymphs’ dance. The incongruity between the dedication and the sculpted scenes is accounted for by considering the votive reliefs’ ritual function within Athenian religion and the genealogical relationship established between Hermes and Pan by the Homeric Hymn to Pan. It is argued that the votive reliefs, as expressions of Athenian visual theology, emphasize Hermes and Pan as coordinated figures within the reliefs, suggesting that the two gods work together to integrate the cult of the Nymphs within Athenian religious life.
Horace’s Mercury and Mercurial Horace
Authors: Harrison S. J.
Published: March 2019

In this piece I have surveyed the various guises under which the god Mercury is presented in the poetry of Horace. Mercury is an important figure in the Odes as inventor of the lyre, a key patron of lyric poetry and divine protector of the poet; though he can be paralleled with the young Caesar at one moment, he is not to be taken as symbolizing him at others, especially in Horace’s account of Philippi in Odes 2.7. References to his epic role as psychopompos serve to generate some particularly elevated moments, while allusions to his role as erotic enabler look to lowlier connections with Roman comedy and the elegiac world of amatory intrigue; this combination of high and low reference suits the middling literary level of the Odes in general. We have also seen how the Satires’ narrative of Horace’s origins and their presentation of Damasippus present a different kind of vir Mercurialis (a man of business) he might have been had he not become a lyric poet. By becoming the poet of the Odes, Horace moves upwards from the world of his birth and upbringing, associated with the lower money-making role of Mercury, to the realm of literature and lyric, associated with the god’s higher divine functions, a key step in his poetic and social career.
Introduction
Authors: Eckes Christina
Published: March 2019

The Union, while externally trying to assert the role of one single international actor, remains internally a complex and compound legal order in which numerous actors, that is, Member States and different EU institutions, participate and struggle for visibility. The apparent contradiction between the Union’s ambition to create one uniform international presence and the many internal actors and complex structures is not new but tensions have significantly increased as a result of the Union’s extended powers and ambitions, as well as the political climate within and beyond the Union. These tensions not only influence the Union’s external capacity and actions; they also have an impact on the Union’s internal constitutional structures. Some of the Union’s external actions profoundly change its internal mode of operation and transform the relationship between the Union and its Member States. They influence the settled understanding of certain organizational principles and the Union’s division of powers. The role of the EU institutions changes as a result of the EU’s external actions. The resulting changes cannot easily be translated into an overall extension or reduction of powers but have more nuanced implications. More importantly, these changes also affect the relationship between the Union and EU citizens. They offer opportunities for justification and bonding. This Introduction sets out the objectives, relevance, and the structure of the book.
Conceptual Toolkit
Authors: Eckes Christina
Published: March 2019

Chapter 1 sets out the conceptual framework for the rest of the book. It first and foremost develops the meaning and relevance of structures of bonding that formally legally connect the Union and its citizens. One prominent example is the European Parliament’s legal mandate to represent EU citizens. The chapter further identifies the autonomy and effectiveness of the EU legal order as the unique features that set it apart from international organizations and international law. The potential of structures of bonding depends on these features. Chapter 1 also develops the mutually dependant relationships of autonomy, effectiveness, structures of bonding, and the legitimacy of the Union and its actions. It identifies different dimensions of legitimacy and emphasizes, drawing on Jürgen Habermas, justifiability or, even more precisely, worthiness of recognition (Annerkennungswürdigkeit) as the core of legitimacy. Justification to individuals, as EU citizens and national citizens, returns in all the following chapters as a necessary precondition for legitimacy and as the core potential of bonding structures.
International Courts or Tribunals and the Autonomy of the EU Legal Order
Authors: Eckes Christina
Published: March 2019

Chapter 6 examines the consequences of the Union’s submission to the jurisdiction of international courts and tribunals (ICTs) for the autonomy of the EU legal order. In fact, no discussion of the effects of external relations on the internal constitutional structures would be complete without considering the specific and ever-increasing external pressure from ICTs that led the Court of Justice (CJEU) to take a rather protective and controversial position, for example, in Opinion 2/13 (EU accession to the European Convention on Human Rights). Chapter 6 concentrates on three ICTs that have, in the eyes of the Court or the Commission, raised particular issues for the autonomy of the EU legal order: investor-state dispute settlement mechanisms/the Investment Court System (ISDS/ICS), the Aarhus Convention Compliance Committee (ACCC) and the European Court of Human Rights (ECtHR) after the EU’s accession to the ECHR. The chapter draws the conclusion that, under certain circumstances, the CJEU’s concern that ICTs may threaten the autonomy of the EU legal order is plausible and links this conclusion to the potential of emerging structures of bonding within the EU legal order, as well as the effectiveness and legitimacy of the Union and its actions. Simply put, conceptual legal autonomy is needed for all three. Indeed, the very potential of structures of bonding depends on autonomy. One can only bond with an autonomous entity.
The Silent Revolution in EU Health Law and Policy
Authors: de Ruijter Anniek
Published: March 2019

The first chapter outlines that most national health laws assume a special connection between health law and policy and fundamental rights and values. The denial or approval of authorization of a specific controversial medication, or the payment for health care in a Member State other than the home state of insurance—and many of the other questions and issues that are addressed in the EU with regard to human health—illustrate that the involvement of the EU in human health can also involve controversial questions, where fundamental rights, bioethical issues, regulatory problems, and redistributive choices may intertwine. This calls into question the power the EU has in this regard, particularly if we take into consideration that human health law and policy are often seen in light of a special reciprocal relationship with fundamental rights and values. Infringements of fundamental rights can harm human health, for instance in cases of torture, or discrimination against people with a particular disease such as HIV/AIDS or mental disorders. At the same time health policy can affect fundamental rights, such as when obligatory vaccination programmes or quarantines are ordered. Hence fundamental rights and values form a benchmark for analysing the legitimacy of health policy. The specific values and rights that are internal to health law set the agenda for this book.
EU ‘Public Health’ and ‘Health-care’ Law and Policy
Authors: de Ruijter Anniek
Published: March 2019

Taking into consideration the central health provision in the Treaty, which outlines that health is to be ‘mainstreamed’ in all other EU policies, it could be inferred that EU public health and health-care policy and law is either non-existent as an autonomous policy area, or that it is basically everything, in that all EU public policy is also health policy. This puzzle forms the starting point for this chapter, which describes the nature of EU power in the field of human health currently. The chapter first, as an initial exploration, questions the existence of a European authoritative concept of ‘health’. Second, the chapter takes into consideration the nature of EU policymaking in general and regarding health in particular and develops a concept of EU health law and policy, distinguishing between EU public health and EU health-care law and policy. Last, to draw out the scope of EU health policy more specifically, a historical overview is given of the involvement of the EU in health. The chapter conceptualizes EU power in the field of human health as authoritative allocations of value through the European Union political system with the object of protecting and promoting human health. This conceptualization draws out the scope of policy that will be the central focus for the following chapters.
The EU Constitutional Constraints on the Intrinsic Relationship of Values, Rights, and Human Health
Authors: de Ruijter Anniek
Published: March 2019

The main thrust of this last chapter is that, while the EU’s power in public health and health care is expanding, the current constitutional doctrines for constraining EU power in the field of human health are not designed specifically with human health in mind and therefore are not capable of safeguarding the values and rights that are intrinsically connected to human health law and policy. The constitutional setting of the EU affects the place and protection of values and rights in EU health law that are central to the health law of the Member States—values and rights such as human dignity, equality, and solidarity. At Member State level, EU law affects health law, as it is approached as a barrier to trade, whereas at EU level, health law is re-created, but its inherent values are often depoliticized through science or lose significance in light of ‘higher’ internal market objectives. If the EU is expanding its powers in human health, and there are constitutional constraints to offer fundamental rights protections to individuals and populations, the legitimacy of EU power in health can be questioned. Hence, considering the reciprocal relationship of health policy with fundamental rights and values, EU health policy has an important role to play in the legitimacy of the EU political system itself, and this might involve taking a step back from its growing power in the field of human health.
Reasons to Doubt
Authors: Hoyle Carolyn , Sato Mai
Published: March 2019

This book reveals what happens to applications for post-conviction review when those in England and Wales who consider themselves to have been wrongfully convicted, and have exhausted direct appeal processes, apply to have their case assessed by the Criminal Cases Review Commission. It presents the findings of the first thorough empirical study of decision-making and the use of discretion within the Commission. It shows how the Commission exercises its discretionary powers in identifying and investigating possible wrongful convictions for rehearing by the Court of Appeal. The research it draws on — a three year empirical study — comprises a mixed-method approach of quantitative and qualitative analysis of case files and aggregate data, as well as interviews with decision makers and observations of committee meetings to fully grasp the workings of the organisation from a socio-legal perspective and to understand how discretion operates at the individual and institutional level.
Responding to Wrongful Convictions
Authors: Hoyle Carolyn , Sato Mai
Published: March 2019

This chapter provides a background on the Criminal Cases Review Commission of England and Wales, first by tracing its origins and remit and then comparing its post-conviction review procedures with those of other jurisdictions. It was the Criminal Appeal Act 1907, which established the Court of Criminal Appeal, that introduced the first system of regular appeals against criminal conviction in England and Wales. The Court of Criminal Appeal was the forerunner of today's Court (Criminal Division), created in 1966. Since the Commission started work in 1997, it has received thousands of applications relating to wrongful convictions and/or sentences. After discussing the history of the Criminal Cases Review Commission in the UK, the chapter considers post-conviction review in other parts of the world, focusing on Scotland, Norway, North Carolina, Canada, Australia, and New Zealand.
The Nature of Applications to the Commission
Authors: Hoyle Carolyn , Sato Mai
Published: March 2019

This chapter examines the nature of applications for wrongful convictions that the Criminal Cases Review Commission receives and the kinds of issues raised by applicants. It highlights the potential flaws of applications presented to the Commission, such as those relating to investigations conducted by police and prosecutors. It also reviews the extant literature on the sources of wrongful conviction to explain the range of possible misconduct and legal, scientific, or human error that might lead to an applicant being wrongfully convicted, or to believing themselves to be so. A number of sex cases and ‘expert evidence’ cases are discussed to illustrate the fallibility of witnesses, vulnerable suspects, the fallibility of science and expert testimony, due process failures, and the pervasive influence of prejudice and fear. The chapter concludes with some reflections on the changing nature of wrongful convictions over the past decade or two.
Managing Uncertainty in Forensic and Expert Evidence Cases
Authors: Hoyle Carolyn , Sato Mai
Published: March 2019

This chapter examines issues arising from cases that turn on forensic and expert evidence, focusing on how the Criminal Cases Review Commission investigates such applications and makes its decisions. Drawing on a sample of sixty-one cases involving forty-two applicants, the chapter shows how the Commission makes decisions in cases that ‘turn on’ forensic science and expert testimony. It also considers the influence of developments in the ‘surround’ of the Commission and how the surround affects the Commission's decision field — the broad setting within which decision-making at the Commission takes place. Finally, it analyses the role of decision frames in the Commission's decision-making on forensic and expert evidence cases, noting that such frames are characterised by uncertainty and even anxiety. Concerns about the interpretation and presentation of forensic evidence at trial are discussed, along with the legal and narrative frames of decision-making in forensic and expert evidence cases.
Managing Efficiency and Thoroughness in Case Review
Authors: Hoyle Carolyn , Sato Mai
Published: March 2019

This chapter examines the Criminal Cases Review Commission's decision-making process through the lens of efficiency and thoroughness. It first considers the ‘sense-making’ process of gathering and interpreting information within the Commission and how the Commission prioritises cases before discussing the Commission's formal ‘knowledge-building’ based on expert evidence and complainant credibility, along with its cultural knowledge. It then analyses the Commission's field that sets the boundaries of the scope of organisational enquiry, the decision frames that help individual decision-makers to operationalise the concepts of thoroughness and efficiency, and the key performance indicators used to measure the Commission's success. It also explores the amount of ‘empirical’ investigation beyond ‘desktop’ reviews carried out by case review managers (CRMs) and the use of section 17 powers to obtain information from external bodies and experts. Finally, it explains how the Commission secures compliance without resorting to legal coercion.
Last Chance for Justice
Authors: Hoyle Carolyn , Sato Mai
Published: March 2019

This concluding chapter summarises the book's key findings and examines the main cultural and structural influences on the Criminal Cases Review Commission's decision-making. It begins with a discussion of three significant changes to the Commission's ‘surround’: reductions in legal aid for defendants and appellants; growing evidence of non-disclosure of potentially exculpatory evidence by police and prosecution; and the declining reliability of forensic science evidence. The chapter then considers the critics' claim that the Commission's referral rate is too low and how this raises concerns about access to justice, along with developments in the surround in relation to the ‘field’ and the ‘frame’. It also analyses variability in the Commission's response to cases and its relationship with various ‘stakeholders’. Finally, it looks at the notion that the Commission is too ‘deferential’ to the Court of Appeal when it comes to making decisions about which cases meet the ‘real possibility test’.
The Earl, the Kings, and the Chronicler
Authors: Patterson Robert B.
Published: March 2019

This book is the first full length biography of Robert (c.1088 × 90–1147), grandson of William the Conqueror and eldest son of King Henry I of England (1100–35). He could not succeed his father because he was a bastard. Instead, as the earl of Gloucester, Robert helped change the course of English history by keeping alive the prospects for an Angevin succession through his leadership of its supporters in the civil war known as the Anarchy against his father’s successor, King Stephen (1135–54). The earl is one of the great figures of Anglo-Norman History (1066–1154). He was one of only three landed super-magnates of his day, a model post-Conquest great baron, Marcher lord, borough developer, and patron of the rising merchant class. His trans-Channel barony stretched from western Lower Normandy across England to South Wales. He was both product as well as agent of the contemporary cultural revival known as the Renaissance of the Twelfth Century, bilingual, well educated, and a significant literary patron. In this last role, he is especially notable for commissioning the greatest English historian since Bede, William of Malmesbury, to produce a history of their times which justified the Empress Matilda’s claim to the English throne and Earl Robert’s support of it.
Introduction
Authors: McLeish Tom
Published: March 2019

This first chapter surveys the landscape of the book, and the questions it will seek to explore. By listening to the verbal associations we bring to arts and to science, we observe that one reason for the differences is that artists and scientists are private and public about different aspects of their work. Science only speaks of the creative, inspirational moments, more familiar in the arts, in hushed tones, while artists are less forthcoming about the arduous journey from concept to creation through experiment, trial, and error, an essential process closely shared with science. By listening to Einstein, Shakespeare, Wordsworth, Keats, and the biblical Book of Job, we conceive of the commonality of imagination within constraint that connects the work of art and science alike.
Married Life in the Middle Ages, 900-1300
Authors: van Houts Elisabeth
Published: March 2019

This book contains an analysis of the experience of married life by men and women in Christian medieval Europe c. 900–1300. The focus will be on the social and emotional life of the married couple rather than on the institutional history of marriage. The book consists of three parts: the first part (Getting Married) is devoted to the process of getting married and wedding celebrations, the second part (Married Life) discusses the married life of lay couples and clergy, their sexuality, and any remarriage, while the third part (Alternative Living) explores concubinage and polygyny as well as the single life in contrast to monogamous sexual unions. Four main themes are central to the book. First, the tension between patriarchal family strategies and the individual family member’s freedom of choice to marry and, if so, to what partner; second, the role played by the married priesthood in their quest to have individual agency and self-determination accepted in their own lives in the face of the growing imposition of clerical celibacy; third, the role played by women in helping society accept some degree of gender equality and self-determination to marry and in shaping the norms for married life incorporating these principles; fourth, the role played by emotion in the establishment of marriage and in married life at a time when sexual and spiritual love feature prominently in medieval literature.
Making of Marriage
Authors: van Houts Elisabeth
Published: March 2019

This chapter traces the process of who arranged marriages and how they were planned, with particular attention to the role of parents and kin, kings and lords, and initiatives of the couples themselves. In the period under discussion, marital arrangements were made by parents, kin, and lords with minimal input from the couple. In fact, the legality of marriage was subject to parental consent, not the couple’s. In the course of the eleventh and twelfth centuries evidence emerged that suggests a development in thinking amongst the laity and clergy about what established a valid union. In narrative sources, such as chronicles, hagiography, and fiction, demands of young men and women for self-determination with respect to marriage were recorded. There seems to have been a gendered aspect to these emerging voices with more women than men, mostly from elite or well-to-do backgrounds, demanding a say in the choice of marriage partner.
Wedding Celebrations
Authors: van Houts Elisabeth
Published: March 2019

This chapter discusses the ceremonial aspect of wedding celebrations of elite weddings, lower-status weddings, so-called ‘mantle’ ceremonies, and wedding rings. Actual wedding celebrations often stretched out over a number of days of feasting, dancing, and jousting. Most accounts centre on the couple and their kin and friends, sometimes lords, with exceptionally little detail of any active involvement of the clergy. Although clergymen are often described as being present, and images reveal them as present, what they actually did at the ceremonies is either deemed so self-explanatory that none of the reporters (whether in fictional or historical narratives) felt it necessary to describe their role, or else it is a sign that their role was still ill defined. Despite the existence of medieval liturgical literature with its detail on what should happen, most of the accounts concentrate on the secular and domestic aspect of the celebrations.
Authority and Collaboration
Authors: van Houts Elisabeth
Published: March 2019

This chapter discusses topics such as husbands’ authority and wifely advice, marital violence and collaboration, and shared responsibilities. Once married the husband became the head of the household and the wife fell under his authority. Patriarchal society was based on this inbuilt inequality that consisted often in a precarious balance between the husband, having to show that he was up to his authoritarian role, and the wife understanding her submissive position. A mutual sense of responsibility for their life together was often the glue that kept a couple together. This sense of mutual responsibility was naturally stronger the more affective the relationship was. Both men and women had a role in marriage, and increasingly society recognized that durable indissoluble unions had more chance of success if the couple were compatible, attracted to each other, and prepared to give the relationship a chance.
Living with One or More Partners
Authors: van Houts Elisabeth
Published: March 2019

This chapter discusses the phenomenon of elite polygyny. It also contains a section on living together in arrangements that were not deemed formal marriages, and there is a brief discussion on Jewish and Muslim relations. Gradual acceptance of emotional ties of love and affection as a binding force in relationships may have helped to reduce the elite polygyny. Elite women supported by clergy raised concerns about elite polygyny. Below the level of the elite it remains extraordinarily difficult to identify who was formally married, in the sense of having been through a process of contract, exchange of wealth, and potentially a blessing. There are glimpses of ‘living together’ arrangements, which to all intents and purposes were stable monogamous sexual relationships even though they were never recognized as marriage by canon law.
Single Life
Authors: van Houts Elisabeth
Published: March 2019

This chapter is devoted to the single life. First it contains a section devoted to the issue of consent: who gives consent for the entry into monastic life, parents or the child? This section is followed by a discussion on single women in monastic and lay environments. The final section is devoted to single men in lay and monastic environments. The majority of single men and women were held hostage by economic circumstances rather than their own agency or choice. The relatively small group of religious young men and women entered their future destination by a combination of parental choice and their own agency. The increase in texts charting the generational battle for consent should be seen firmly in the wider context of a demand for choice amongst young people, especially women.
Testing the Strategic Model of Terrorism
Authors: Abrahms Max
Published: March 2019

This chapter tests the Strategic Model of Terrorism. The Strategic Model posits that groups engage in terrorism because doing so increases the likelihood of achieving their political demands. Testing the efficacy of a tactic is challenging and there are trade-offs to every methodological approach. For this reason, the author presents several statistical approaches showing that groups lower the odds of government compliance when they engage in terrorism by attacking civilians. Terrorism negatively affects the odds of concessions even after taking into account the capability of the perpetrators, the nature of their demands, and the strength of government opposition. This information is invaluable for militant group leaders, forming the basis of Rule #1 to refrain from terrorism.
How Terrorism Expedites Organizational Demise
Authors: Abrahms Max
Published: March 2019

This chapter explains why terrorism reduces the lifespan of militant groups. Whereas previous chapters showed that terrorism is ineffective for achieving their demands, this chapter shows that the civilian attacks decrease support, membership size, and ultimately the prospects of survival. Current and prospective members must reconcile the benefits of participation with the near-universal norm against killing civilians. Not only does terrorism present moral barriers to participation, but governments are far more likely to violently oppose groups that attack civilians, raising the physical costs of being a member. It is thus important for militant leaders to follow Rule #1, refraining from harming civilians, even when they are uninterested in pressuring government concessions.