bluuebunny/crossref_metadata_2025 huggingface dataset:
Perception, Transcendence, and the Knowledge of God
Authors: Lacoste Jean-Yves , O’Donovan Oliver
Published: October 2018

AbstractStarting from Husserl’s account of perception, this chapter argues that every perceptual experience is fragmentary, so that the perception of any “thing” goes beyond the moment-by-moment appearances. The realm of phenomena is wider than that of perceptible entities; it includes values, numbers, etc., and some appearances that present themselves to feeling. God may appear in the realm of feeling, where love has priority over knowledge. Unclarity and incompleteness are essential to an experience that lays claim to the presence of the Absolute. That presence is not a “parousia”; its appearing is understood only in relation to its transcendence of appearance.
How Persistent Low Returns Will Shape Saving and Retirement
Authors: Clark Robert , Maurer Raimond , Mitchell Olivia S.
Published: October 2018

Financial market developments over the past decade have undermined what was once thought to be conventional wisdom about saving, investment, and retirement spending. Foremost among these is the depressingly persistent and extended period of low capital market returns, driving concerns about how to rethink saving and investments in what can be called the ‘new normal.’ This chapter introduces the themes of the book: how we arrived at our current state of affairs and what changes need to be made to achieve adequate retirement incomes for future retirees, and exploring new designs for pension plan sponsors. With increasing life expectancy adding to the problem of low market returns, the chapter urges policymakers to start reforming now to ensure retirement financial security.
Politics, Independence, and Retirees
Authors: Conti-Brown Peter
Published: October 2018

Until recently, it was widely believed that central banks must protect people from their own worst instincts: the populace demands easy money and low interest rates, and a politically sensitive representative class will give it to them. Central banks have the responsibility of resolving this time inconsistency problem by protecting the long-term value of the currency even against the short term demands of politics. Yet the financial crisis of 2008 and the 2016 election have changed this narrative. This chapter explores how this new political economy of central banking, in the face of long-term low interest rates, changes the posture of central banks against the rest of the polity. It discusses some history of political pressures against central banks in other climates and makes predictions about how the ‘new normal’ of lower interest rates will challenge the Fed’s ability to stay above the political fray, despite its best intentions.
Intelligent Risk Taking
Authors: Ilmanen Antti , Rauseo Matthew
Published: October 2018

Peoples’ ability to consume in retirement is a function of how much they save, how they invest, and what those investments return over the lifecycle. This chapter explores what rate of return is needed to deliver a comfortable retirement based on current savings rates, as well as intelligent ways to construct portfolios to achieve this rate of return. Based on reasonable long-term return assumptions, defined contribution portfolios as frequently constructed today are unlikely to achieve this required rate of return. By relaxing existing constraints and taking advantage of well-known and broadly accepted investment themes, this required rate of return can be achieved with a well-diversified portfolio, which may lead to a more consistent portfolio across different economic environments.
State-sponsored Retirement Savings Plans
Authors: Gale William G. , John David C.
Published: October 2018

Our chapter evaluates models and features used in emerging state-sponsored retirement saving plans such as Auto IRAs, open multiple employer plans, and marketplaces. These, we show, have enormous potential to raise the number of Americans with access to payroll-deduction retirement saving plans. Plans that can most enhance coverage rates will feature two characteristics: required provision of retirement saving plans by firms, and automatic enrollment of eligible workers. Yet under current legal and regulatory conditions, the Secure Choice option is the only model that enables states to require that employers provide a plan.
Perceptual Capacities
Authors: Schellenberg Susanna
Published: October 2018

Perception is constitutively a matter of discriminating and singling out particulars by employing perceptual capacities. To be a perceiver is to possess such capacities, to perceive is to employ them, and employing them constitutes perceptual states. What are perceptual capacities? Drawing on work in cognitive psychology, neuroscience, and developmental psychology, Chapter 2 develops an account of perceptual capacities. It includes an analysis of their function, their individuation and possession conditions, their physical and informational base, as well as their repeatability, fallibility, and the asymmetry of their employment in perception, on the one hand, and hallucination and illusion, on the other. In providing this analysis, the chapter gives an account of the general elements of perception.
Content Particularism
Authors: Schellenberg Susanna
Published: October 2018

Chapter 3 distinguishes four ways one might account for perceptual particular. We can take an epistemic approach and understand perceptual particularity in terms of a special epistemic relation to the particulars perceived. We can take an ontological approach and understand perceptual particularity in terms of the ontological dependence of the perceptual state on the particulars perceived. We can take a psychologistic approach and understand perceptual particularity in terms of the phenomenal character of perceptual states by arguing that phenomenal character is constituted by the particulars perceived. Finally, we can take a representational approach and understand perceptual particularity in terms of features of perceptual content. The chapter argues that perceptual particularity is best accounted for in terms of perceptual content rather than in terms of epistemic, psychologistic, or ontological dependency properties.
Perceptual Consciousness as a Mental Activity
Authors: Schellenberg Susanna
Published: October 2018

Chapter 6 exploits the thesis that perception is constitutively a matter of employing perceptual capacities to address the problem of consciousness. Orthodox views analyze consciousness in terms of sensory awareness of some entities. The relevant entities have been understood to be (1) strange particulars, such as sense-data, qualia, or intentional objects, (2) abstract entities, such as properties, or (3) mind-independent particulars in our environment, such as objects, property-instances, and events. There are problems with all three versions of the orthodox view. Chapter 6 breaks with this orthodoxy. It argues that perceptual consciousness is constituted by a mental activity, namely the mental activity of employing perceptual capacities. I call this view mental activism. Insofar as employing perceptual capacities constitutes representational content, mental activism is a form of representationalism, one on which a substantive explanation is given why and how consciousness is grounded in representational content.
Justification, Luminosity, and Credences
Authors: Schellenberg Susanna
Published: October 2018

Chapter 8 discusses the repercussions of capacitism for the justification of beliefs, the credences we should assign to perceptual beliefs, and the luminosity of mental states. In light of this discussion, the chapter explores the consequences of capacitism for various familiar problem cases: speckled hens, identical twins, brains in vats, new evil demon scenarios, matrixes, and Swampman. I show why perceptual capacities are essential and cannot simply be replaced with representational content. I argue that the asymmetry between the employment of perceptual capacities in perception and their employment in relevant hallucinations and illusions is sufficient to account for the epistemic force of perceptual states yielded by employing such capacities. I show, moreover, why capacitism is compatible with standard Bayesian principles and how it accounts for degrees of justification. Finally, I discuss the relationship between evidence and rational confidence in light of an externalist view of perceptual content.
Capacitism and Alternative Views
Authors: Schellenberg Susanna
Published: October 2018

Chapter 10 discusses the difference between capacitism and relevant alternative views: knowledge-first epistemology, reliabilism, and virtue epistemology. Capacitism is a distinctive externalist view of evidence and knowledge that does not invoke reliability, remains steadfastly naturalistic, and in recognizing a metaphysically substantive common element between perception and hallucination avoids any commitment to disjunctivism.
Plan-Attitudes, Plan-Contents, and Bootstrapping
Authors: Toh Kevin
Published: October 2018

This paper is a critical assessment of Scott Shapiro’s planning theory of law, laid out in his 2011 book Legality. The planning theory could be considered a culmination of some dominant trends in contemporary philosophical thinking about the nature of law. And the problems of the theory identified in this paper are, in the author’s view, symptomatic of those trends. Here, those trends are diagnosed in a way that shows why they lead to the problems identified, while the chapter also addresses some problems specific to the planning theory. Elsewhere, the author has been developing an alternative and, what appears to him to be, better trajectory in legal philosophical thinking shorn of those trends. Although the arguments of this paper are in great measure negative, they are meant to have the positive effect of helping the reader to see why that alternative trajectory is worth developing.
The Normative Force of Law
Authors: Murphy Liam
Published: October 2018

After distinguishing some other senses of the “normativity” of law, this chapter addresses its moral force. It is argued that all deontological accounts of a prima facie duty to obey the law, other than the argument from consent, fail for being unable to show that the moral value of law as an institutional order implies a duty to obey each and every legal rule. The argument from consent fails for familiar reasons. This leaves an instrumental account of the moral force of law as the only option. The upshot is that, for individuals, the moral force of law is variable, and often weak. The case is different for state officials, as subjects of either domestic or international law. Here the instrumental case for obedience is typically strong.
Uncertainties of War
Authors: Tadros Victor
Published: October 2018

This chapter is concerned with uncertainty about facts concerning a person’s liability to be killed; in particular the implications of that uncertainty for the permissibility of killing in war. It defends the view that it is sometimes evidence-relative permissible to act in a way that increases the probability of acting in a way that is fact-relative wrong. It then defends the view a person’s responsibility for uncertainty that others have about their liability to be killed makes a difference to the permissibility of killing them. It then explores cases where the person is not responsible for any uncertainty, and the relationship between uncertainty and the prohibition on intentional killing. It concludes that even in this case, the person’s causal responsibility for uncertainty about liability can make a difference to the permissibility of killing.
Shadows in Times of Crash
Authors: Francisco Louçã , Michael Ash
Published: October 2018

Chapter 2 tells the story of the crash as it unfolded. At that moment much of the public discovered a previously hidden world of obscure financial instruments and deals. Prior to the crash, the public might get only occasional glimpses of high finance when one of its components failed. In 2007, almost the entire system came crashing down. The complexity and tight coupling of the shadow banking system had created the possibility of a chain reaction and in 2007 and 2008 the chain was yanked tight. These events shocked the general public, most economists and most of the shadow bankers themselves.
Big Business and Family Business
Authors: Francisco Louçã , Michael Ash
Published: October 2018

Chapter 4 begins to connect the changes in finance to changes in the global economy and the national and global distribution of wealth. The financiers, rich though they have become, remain agents of the richer still families of dynastic wealth. Although family business sounds old-fashioned or quaint, it is demonstrated that dynastic wealth still dominates the world economy, even in highly developed economies. Through interlocking directorates, families continue to maintain control despite the rise of distributed shareholder capitalism and large non-family investment pools such as pension funds. These families also maintain a broader form of social and political control through their cultivated connections.
Consensus by Schooling and Power: The Indoctrination of the Elites
Authors: Francisco Louçã , Michael Ash
Published: October 2018

Chapter 7 describes the origins of the Chicago School and its successful projection into the hearts and minds of the global ruling class. Working chronologically, there is a description of how this program took root in Chicago and how some of its central figures, Friedman and Harberger, undertook a hemispheric campaign to capture both academic and government institutions. A history of the deregulation movement in the US and case studies of Mexico, Chile, Argentina, and Brazil highlight the breadth and depth of the campaign. The chapter closes in Europe where the neoliberal insurgency faced more-developed social states. Its success varied in Britain, France, and Germany.
Capital Controls: The Emergency Brakes
Authors: Francisco Louçã , Michael Ash
Published: October 2018

Chapter 10 relates the fall and rise and fall of international capital mobility, a centerpiece of neoliberal policy. Immediately after World War II, the Bretton Woods System established fixed exchange rates and regulated the international movement of capital to facilitate trade and preserve domestic policy capacity. Owners of capital mobilized institutions, such as the International Monetary Fund (IMF) in a decades-long struggle for international capital mobility. Their moment came with a crisis in the Bretton Woods System in the early 1970s, and the era of floating exchange rates and international capital mobility was born. Since its ascension, international capital mobility has been a flashpoint for crisis. Facing criticism for the frequency of financial crises, especially after the deep European crisis beginning in 2010, some parts of the IMF have broken with institutional orthodoxy. The rupture suggests potential for a broader break with the principles of neoliberal governance.
Introduction
Authors: Munro James
Published: October 2018

This book addresses whether and how emissions trading schemes to mitigate climate change are subject to the network of treaties comprising the international trade and investment regime, collectively referred to as international economic law. Chapter 1 introduces the broad structure and content of the book, which is divided into three principal parts. Part I, comprising Chapters 2 and 3, sets out the approach of the book, insofar as it involves initial process of treaty interpretation to determine the scope and content of relevant aspects of international economic law (including any relevant interaction with the international climate regime), followed by a subsequent process of applying the resulting interpretations to carbon units and the aspects of emissions trading schemes that affect their trade and investment in ways which attract the scrutiny of international economic law. Part II, covering Chapters 4–7, then seeks to ascertain whether carbon units are subject to international economic law by evaluating whether they qualify as ‘goods’/‘products’, ‘services’, ‘financial services’, and ‘investments’. Having determined that carbon units are, to varying extents, subject to international economic law, Part III (comprising Chapters 8 and 9) assesses the consistency of emissions trading schemes and their rules affecting carbon units with that body of law.
Carbon Units and Emissions Trading Schemes
Authors: Munro James
Published: October 2018

Before being able to correctly classify carbon units (the object of trade in emissions trading schemes) under international economic law, their inherent qualities and characteristics need to be understood. This requires a factual assessment of their qualities and characteristics, which will provide the evidence necessary to determine their proper legal classification under international economic law. In particular, Chapter 3 considers the historical and policy origins of emissions trading schemes and the key attributes and nature of carbon units, such as how they are created, what they represent, how they may be used, and how they derive value. The legal classification of carbon units under the different domestic jurisdictions is also surveyed.
A Taxonomy of Prima Facie Violations of International Economic Law
Authors: Munro James
Published: October 2018

Having determined that carbon units are, to varying extents, subject to international economic law, Chapter 8 assesses the consistency of emissions trading schemes and their rules affecting carbon units with that body of law. In particular, Chapter 8 identifies and evaluates the rules in emissions trading schemes affecting the trade, use, and value of carbon units that constitute prima facie violations of that body of law. It considers: (i) the differential treatment of carbon units that engages disciplines on non-discrimination; (ii) the quantitative restrictions on external carbon units that engage disciplines on market access; and (iii) the kinds of governmental interference in carbon markets that engage disciplines on investment. Chapter 8 thereby identifies and catalogues numerous prima facie breaches embedded in the rules of most emissions trading schemes.
Exceptions
Authors: Munro James
Published: October 2018

Chapter 9 provides an overview of the availability and applicability of exceptions that could potentially save aspects of emissions trading schemes that otherwise violate international economic law. Drawing on the justifications set out in respect of those impugned aspects of emissions trading schemes in Chapter 8, Chapter 9 explains which of those justifications might be permissible under international economic law, and the kind of evidence that would be required to make out a successful defence. This chapter finds that justifications that are rationally connected to the goal of mitigating climate change or safeguarding financial markets, and which deploy the least trade-restrictive means possible, could form the basis of a defence in many instances. However, justifications that are grounded in other economic or social policy goals, or for which there is a less trade-restrictive means of achieving that end, will be less likely to save a measure that is otherwise a violation of international economic law.
A Phenomenology of Rhythm
Authors: Eikelboom Lexi
Published: October 2018

This chapter proposes a framework for approaching the theological significance of rhythm through phenomenology, prosody, and the social sciences. In accordance with the general categories of phenomenology established by Merleau-Ponty and the “rhythmanalysis” of Henri Lefebvre, the chapter investigates two experiences of rhythm: approaches to analysing the human encounter with rhythm in the reading of poetry and the role of rhythm in social interactions introduced through commonalities between rhythm in conversation and in jazz performance. These explorations establish two features of rhythm that are of analytical importance for the chapters that follow: (1) the synchronic and the diachronic as two necessary but distinct theoretical perspectives on rhythm, each of which emphasizes different features of rhythm and (2) the importance of interruption for understanding rhythm’s significance.
Rhythms of Creation
Authors: Eikelboom Lexi
Published: October 2018

This chapter begins the more constructive program of articulating doctrine from the perspective of rhythm using both synchronic and diachronic perspectives. In this chapter on creation, the synchronic analysis argues for rhythm as the fundamental, theologically significant form of creation through an analysis of Genesis 1 and its exegesis by various Church Fathers, including Augustine. The diachronic, intra-creaturely analysis argues for the influence of cultural rhythms on metaphysical accounts of creation by demonstrating a confluence between the rhythms of the respective cultural contexts of Augustine and Catherine Keller with the ways in which each thinker conceptualizes the metaphysical function of rhythm. Metaphysical descriptions of rhythm are therefore better understood as indices of the nature of the encounter between God and creation at particular times and places than as descriptions of an enduring form of reality.
Epilogue
Authors: Eikelboom Lexi
Published: October 2018

My attempt to address rhythm and its theological significance has involved a tension between description and construction. On the one hand, I merely point to rhythm as the ghost haunting theology, describing its varying forms and its effects on that with which it comes into contact. But the other side of this investigation has been a constructive attempt to put together a few of the pieces of what theology would be like if it were performed while keeping one eye on the ghost. The reader may have noticed that in doing so, I have, as far as possible, avoided explicitly aligning myself with any particular theological school, position, denomination, etc., although I offer critiques of certain projects and thinkers. I have, instead, borrowed liberally, though I hope not incoherently, from a wide range of eras, denominations, and theological commitments. The reason for this is that I have attempted to investigate the diversity of approaches to rhythm across Christian theology. Since there exists such a variety of approaches to rhythm, the category is clearly not restricted to a particular theological project. I want this book to reflect that diversity, not to make rhythm the concern of only a subsection of Christian theology. I want to avoid this project becoming absorbed into any particular theological project as a category associated with and somehow belonging to that project....
Introduction
Authors: Corran Emily
Published: October 2018

This chapter explains the reasons for studying practical thought about lying and perjury in the Middle Ages. It outlines the distinction between casuistry and other forms of ethics, and shows that, although there was no distinctive name for casuistry in the Middle Ages, it was a part of ecclesiastical thought in this period. It shows that the history of thought about truth and deception has often been tied to a narrative of the growth of learning and state power in the Renaissance, and outlines the reasons for questioning this view. Practical ethical thought has been an important part of medieval historiography; this study can be situated within three strands of thought about medieval ethics, which can be associated with John Baldwin, Leonard Boyle, and R. W. Southern respectively. The book’s central arguments are summarized at the end of this introduction.
Theoretical Problems and Authoritative Voices
Authors: Corran Emily
Published: October 2018

After Peter the Chanter and Robert of Courson, there was relatively little practical moral discussions in the theology faculty until the rise of the institution known as quodlibets in the 1250s, where it was permitted to pose any question to a theology master. This chapter shows how theology masters returned to the pastoral interests of their predecessors. They revived problems on lying and oath-breaking and thereby included practical problems in the same forum as systematic theology and theoretical ecclesiology. On occasion theologians also brought greater academic and speculative depth to familiar dilemmas taken from the Decretum and pastoral manuals. More significantly, they treated problems that had previously been the preserve of law and pastoral writing as problems that should be addressed by a theology master. These new qualities played an important role in the formation of casuistry as a discipline.
Prehistory and Early History
Authors: Dyson Tim
Published: October 2018

This chapter discusses the population of the Indus valley civilization and the possible reasons for its decline. It considers the ingress of Indo-Aryan influences into the north of the Indian subcontinent, and the opening-up of the Ganges river basin. Population expansion in the basin was accompanied by the spread of agriculture, the emergence of city-state ‘kingdoms’ and, eventually, establishment of the Mauryan ‘Empire’ centred on Pataliputra (now modern-day Patna). The chapter examines what linguistic and genetic evidence can tell us about India’s people in early historical times. It discusses the tendency of influences to enter through the north-west, and the development of the system of coastal settlements. The chapter concludes by considering the general course of the population in the period to c.200 BCE—by which time a majority of the subcontinent’s perhaps 15–30 million people lived in the Ganges basin.
Mughal Decline to Early British Rule
Authors: Dyson Tim
Published: October 2018

The turbulent eighteenth century saw the collapse of the Mughal Empire and the rise of the East India Company. Especially in relation to the century’s second half, views vary as to how much famines and warfare affected the population. Nevertheless, the number of deaths associated with the 1769–70 famine in Bengal has almost certainly been overstated. And the idea that there was a major reduction in the size of India’s population towards the end of the century is also questionable. Despite considerable uncertainty, the chapter concludes that it is most likely that the population increased slightly over the course of the eighteenth century. By 1821 there may have been around 200 million people, or even slightly more. At the end of the period, crude empirical data on the size of city populations become available. It seems doubtful that the level of urbanization fell greatly between 1707 and 1821.
Company and Crown
Authors: Dyson Tim
Published: October 2018

There were positive and negative developments during this time. However, demographic data became much fuller. Despite famines and epidemics, there was appreciable population growth. By 1871 India’s population was about 255 million. The chapter considers the evidence for the growth and discusses the population’s demographic characteristics, the occurrence of famines, epidemics, migration, and changes in the urban sector. There are few reasons to think that there was significant de-urbanization. By 1871 around 8–11 per cent of the population lived in places with 5,000 people or more. The most likely explanation for the growth of 1821–71 is that there was a slight reduction in mortality. The reasons were undoubtedly complex, but they probably included greater vaccination and improvements in communication. Influenced by the developing principles of ‘sanitary science’, attitudes to dealing with demographic crises and ill health, and recognition of the need for relevant data, were gradually becoming more systematic.
Famines, Plague, and Influenza
Authors: Dyson Tim
Published: October 2018

Much of this chapter focuses on the huge crises—of famine, plague, and influenza—which affected India’s population during 1871–1921 and which influenced the growing nationalist agenda. While millions perished in these crises, the overall level of mortality and accompanying population growth of the period were probably quite similar to those of 1821–71. Eastern and southern areas of the subcontinent experienced considerable population growth. The existence of distinctive demographic regimes, in particular in the north and the south, is documented. From the period 1871–1921 there emerged more stable and somewhat improved mortality conditions. The chapter discusses the reasons for this development. It concludes by mentioning several of the pioneers of India’s family planning movement.
The electron as a particle
Authors: Solymar L. , Walsh D. , Syms R. R. A.
Published: October 2018

Describes the classical properties of electrons, starting with a discussion of fundamental phenomena such as drift, the hydrodynamic model, and the Hall effect. After that there is an excursion into electromagnetic theory, deriving the dispersion equation and showing that materials containing electrons may become transparent above a certain frequency. The effect of the magnetic field is studied by introducing cyclotron waves. There are further sections on plasmas, heat, and the fundamentals of Johnson noise.
The electron
Authors: Solymar L. , Walsh D. , Syms R. R. A.
Published: October 2018

Discusses with some rigour the properties of electrons, based on the Schrodinger equation. Introduces the concepts of wave function, quantum-mechanical operators, and wave packets. Examples cover the electron meeting an infinitely long potential barrier and the passage of electrons through a finite barrier (which leads to the phenomenon of tunnelling).The electron in a potential well is also discussed, solving the problem both for a finite and for an infinite well, and finding the permissible energy levels. The chapter is concluded with the philosophical implications that arise from the quantum-mechanical approach. Two limericks relevant to the subject are quoted.
Principles of semiconductor devices
Authors: Solymar L. , Walsh D. , Syms R. R. A.
Published: October 2018

p–n junctions are examined initially and the potential distribution in the junction region is derived based on Poisson’s equation. Next the operation of the transistor is discussed, both in terms of the physics and of equivalent circuits. Potential distributions in metal–semiconductor junctions are derived and the concept of surface states is introduced. The physics of tunnel junctions is discussed in terms of their band structure. The properties of varactor diodes are described and the possibility of parametric amplification is touched upon. Further devices discussed are field effect transistors, charge-coupled devices, controlled rectifiers, and the Gunn effect. The fabrication of microelectronic circuits is discussed, followed by the more recent but related field of micro-electro-mechanical systems. The discipline of nanoelectronics is introduced including the role of carbon nanotubes. Finally, the effect of the development of semiconductor technology upon society is discussed.
The Background for Discussing Christian Tradition
Authors: O’Collins, SJ Gerald
Published: October 2018

In the post-Reformation controversy over the roles of Scripture and tradition, many theologians misread the Council of Trent as if it had taught that Scripture and tradition are two ‘materially’ separate and equally valid ‘sources’ (plural) of revelation. But Trent reserved the term ‘source’ for the ‘Gospel’, or one revealed message of salvation in Christ. When a personal (rather than a propositional) view of revelation as primary emerged, along with a recognition of the mutual dependence of Scripture and tradition, the stage was set for an ecumenical convergence on tradition. This substantial convergence appeared in a 1963 report of the Faith and Order Commission (of the World Council of Churches) and the teaching of the Second Vatican Council. The common lines of thinking, inspired in part by Yves Congar, Gerhard Ebeling, and Hans-Georg Gadamer, provide a background for discussing tradition today.
What's Left of the Law of Integration?
Authors: Baquero Cruz Julio
Published: October 2018

This book discusses the impact of the difficult situation the European Union is currently going through on some structural elements of its legal order, looking for symptoms of decay, exploring examples of resistance, and assessing its overall state of health. The original choices made by the drafters of the Treaties and by the Court of Justice are put in their proper historical perspective, understanding Union law as a tool of civilization, and explaining its current problems, at least in part, as a consequence of the waning of the initial impetus behind integration. The concrete themes to be explored are the following: primacy, the national resistance to it and constitutional pluralism; the preliminary rulings procedure; Union citizenship, equality, and human dignity; the scope of the Charter and the standard of protection of fundamental rights; and the rigidity and fragmentation of the Union system in connection with the recent occasional use of international law as an alternative to Union law. The book looks at the development of the law throughout the decades, inevitably losing much detail, but hopefully also uncovering structural connections and continuities.
Some Things Pierre Pescatore Told Me
Authors: Baquero Cruz Julio
Published: October 2018

This introductory chapter is focused on the contemporary development of Union law as the continuation of a movement which had started many decades before, for grave reasons that could give it a different and more dense meaning. It considers Union law not only logically, but also chronologically, paying attention to its slow ‘geological’ development and historical significance. The chapter cites Judge Pierre Pescatore’s book, Le droit de l’intégration, in showing how the legal and institutional structures of the European Communities aimed to overcome the anarchical nature of the traditional international legal system, bringing those nations together under strong and lasting institutional and normative structures, solid enough to resist ‘the onslaught of crisis and the erosion of time’.
Law after Auschwitz
Authors: Baquero Cruz Julio
Published: October 2018

This chapter explains how, in the aftermath of the Second World War, many asked practical questions such as whether the politics and law of sovereign nation states could still be trusted as effective shields against the destructive forces lurking beneath the thin patina of European civilization. The post-war generation knew very well that those forces, ignited by blind nationalism, strong identities, and an even stronger hatred for the other, were always ready to unleash their murderous rage in certain circumstances. In that context, surrounded by ruins of many kinds, many felt that serious efforts were required to restructure the European continent and to try to avoid a third—possibly final—World War. European integration and its law may only be understood properly from that historical perspective.
Partial Eclipse of Union Citizenship: From Grzelczyk to Dano
Authors: Baquero Cruz Julio
Published: October 2018

This chapter looks at Union citizenship, the obvious choice when looking for a substantive area in which to test the state of health of the law of integration. The chapter analyses how the citizenship case law of the Court of Justice has tried to find a reasonable balance between solidarity and the territorial character of the welfare systems of the Member States, how that balance seems to have been modified with the judgment in the Dano case, as a result of the contemporary pressures on integration, and the reasons behind that decision.
Fundamental Rights and the Integrity of Union Law
Authors: Baquero Cruz Julio
Published: October 2018

This chapter analyses another area of Union law that is highly controversial and relevant in structural terms—the protection of fundamental rights. It discusses the scope and standard of the protection offered at Union level, the consequences for national law, and the implications of the future accession of the Union to the European Convention on Human Rights. These issues are of fundamental importance for the integrity of Union law and of wider significance for the political understanding of the Union.
The Constitution and State Institutions
Authors: Butt Simon , Lindsey Tim
Published: October 2018

This chapter provides an overview of Indonesia’s constitutional structure and the institutions that operate within it. It begins with a brief constitutional history, from Independence to the post-Soeharto period, then outlines the key provisions of the Constitution, including the institutions of state and human rights established therein. It then briefly describes these constitutional institutions, including Indonesia’s various legislatures and consultative bodies, executives, and courts. The chapter concludes with a description of state institutions that, while not mentioned in the Constitution, play important roles in state administration, law and security, human rights, finance, and the media.
The Judicial System
Authors: Butt Simon , Lindsey Tim
Published: October 2018

This chapter provides an overview of Indonesia’s courts and their operation, except for the Constitutional Court, which is covered in Chapter 5. It begins with a general discussion of key aspects of judicial decision-making, including Indonesia’s version of the system of precedent (yurisprudensi) and principles of statutory interpretation, before examining post-Soeharto judicial reform, the success of which has been mixed, at best. The chapter then covers the relative jurisdictions of the various courts that sit below the Supreme Court in the judiciary hierarchy—the district, administrative, religious, human rights, and military courts—before considering appeals courts and their processes. This chapter also discusses the Supreme Court and its functions, including cassation, ‘PK’ reconsideration (a form of final appeal), judicial review, and supervision of other courts. The chapter concludes by discussing the difficulties of enforcing the decisions of Indonesia’s courts, and some of the problems presented by widespread judicial corruption.
The Legal Profession
Authors: Butt Simon , Lindsey Tim
Published: October 2018

This chapter covers the various types of legal professional who operate within the Indonesian legal system, performing different functions. ‘Advocates’ are perhaps the most important, providing legal services, both inside and outside court. They have various rights and obligations and are subject to a code of conduct, discussed in this chapter. However, the profession is deeply divided, with two main bar associations fighting for pre-eminence. Also vital to the operation of Indonesia’s legal systems are notaries, who formalize important documents, and land conveyance officials, who draw up conveyancing documents. This chapter also discusses paralegals and the legal aid movement, as well as the restrictions and conditions placed on non-Indonesian lawyers operating in Indonesia.
Land Law and Forestry
Authors: Butt Simon , Lindsey Tim
Published: October 2018

As this chapter shows, Indonesia’s land law is complex. Before 1960, land owned by Westerners was subject to Dutch law, and land owned by Indonesians was governed by adat, or traditional customary law. This changed when the Agrarian Law was enacted in 1960, establishing a new range of statutory rights that applied to all Indonesians, and the beginnings of a registration system. However, the uptake of these statutory rights has been limited, with adat norms continuing to prevail in many, particularly rural, areas. Forestry entitlements are also highly vexed, as is the need to reduce deforestation in Indonesia because of its significant contribution to global warming and biodiversity loss. REDD+ uses payments or development programs to encourage those entitled to deforest not to do, but it is now widely considered to have failed in Indonesia.
Environmental Law
Authors: Butt Simon , Lindsey Tim
Published: October 2018

Indonesia has long had poor standards of environmental governance, with the Soeharto government making the environment largely subservient to the national development imperative. In this chapter we show that in the post-Soeharto era, Indonesia’s environmental law has been significantly reformed, imposing more stringent emissions and waste standards, and more comprehensive environmental impact assessment requirements. However, contradictory regulations issued by national and subnational institutions have complicated enforcement of environmental laws, which was already rarely successful. Worse, these institutions tend to deflect responsibility for monitoring and enforcement to others. This is possible because their relative jurisdictions are generally unclear and hence contested. Many of these impediments to an effective system are brought into sharp relief by the Sidoarjo Mudflow disaster, discussed as a case study in this chapter.
Criminal Procedure
Authors: Butt Simon , Lindsey Tim
Published: October 2018

This chapter deals with Indonesia’s criminal process from trial to sentencing and release. It is intended to be read alongside Chapter 11, which covers pre-trial procedure. This chapter covers extradition, the rules of evidence, the presumption of innocence, and the appeal process from the district court to the high court to the Supreme Court (including the ‘PK’ reconsideration, a form of final appeal). This chapter also explains punishment options, including imprisonment and death sentences, and parole, remissions, and clemency. The chapter then summarises proposals for reform of the Criminal Code (KUHAP), and concludes with a study of the high-profile case of an Australian narcotics offender, Schapelle Corby, which demonstrates how the system can work in practice.
Corruption Law
Authors: Butt Simon , Lindsey Tim
Published: October 2018

Legal responses to Indonesia’s serious problems of embedded corruption are the subject of this chapter. It begins with an overview of the relevant legislation before moving to Indonesia’s first effective anti-corruption agency, the KPK, describing its powers and impressive track record. The next topic is the anti-corruption courts, where corruption cases are prosecuted. This is followed by an assessment of efforts by the elite to weaken the KPK and the courts. The chapter also considers the causes of corruption, tracing them back to Soeharto’s rule, and analyses the so-called ‘judicial mafia’—legal system corruption. The chapter closes with four case studies focused on tensions between the KPK and the government. These cover attempts by politicians and police to undermine the KPK by discrediting its commissioners, including the so-called cicak-buaya scandals.
The Civil Code, Civil Liability, and Contract Law
Authors: Butt Simon , Lindsey Tim
Published: October 2018

This chapter is about civil law in Indonesia, which is archaic and unsuited to contemporary needs. It begins by discussing the problematic influence of Dutch colonial law in this area—in particular, the Civil Code and Commercial Code, both 19th century Dutch-language texts—before explaining the operation of Article 1365 of the Civil Code, the main source of civil liability (tort) in Indonesia. After covering vicarious liability and agency, the chapter provides a summary of contract law, including the elements of a valid contact, performance, termination, and material and immaterial damages. It also deals with formal requirements, including notarisation and rules that require some contracts to be in Indonesian. It concludes with an account of consumer, e-commerce and construction contracts, to which particular rules apply.
Foreign Investment
Authors: Butt Simon , Lindsey Tim
Published: October 2018

Successive governments have emphasized Indonesia’s need for greatly increased foreign investment but have not matched this with sufficient reform to attract large amounts of it. This chapter begins by describing the requirements for foreign investment, including establishment of PMAs, or foreign investment companies, before considering the restrictions that apply to them, such as the ‘negative list’ of sectors closed to investors, or open with restrictions. It looks at important court decisions that have made foreign investment more difficult, along with the share divestment and onshore ore processing rules that have had the same effect, particularly in the mining sector. The chapter then outlines the law relating to commercial arbitration, including the rules limiting the enforcement of foreign awards in Indonesia. The last topic covered is public-private partnerships (PPPs) and the Indonesian Investment Guarantee Fund, which guarantees payment of state liabilities to foreign investors but struggles to attract new projects.
Financial Laws
Authors: Butt Simon , Lindsey Tim
Published: October 2018

This chapter covers tax, insolvency, and banking law in Indonesia. The law regulating VAT, land and building tax, import tax, luxury goods tax, and regional taxes is discussed, as are tax offences, compliance rules, and Indonesia’s low compliance rates. The chapter then deals with bankruptcy law, describing the court process leading to the appointment of receivers and, in some cases, liquidation and dissolution. An assessment of the Commercial Court is offered, before the chapter turns to banking law. The powers and responsibilities of the two lead agencies in this area, Bank Indonesia and Otoritas Jasa Keuangan (OJK), are explained, including prudential and reporting requirements, consumer protections and dispute resolution mechanisms, and the Indonesian Deposit Insurance Corporation’s role. The chapter closes with discussion about anti-money laundering measures, rural banks and Islamic banks.
Competition Law
Authors: Butt Simon , Lindsey Tim
Published: October 2018

Large corporate groups have dominated Indonesia’s corporate landscape for decades, and are controlled by a relatively small number of elite families. This chapter looks at laws that were introduced after Soeharto’s fall to create a more competitive economy, and establish the KPPU, Indonesia’s competition commission. The chapter begins with an account of the key provisions of the Competition Law, including the rules relating to monopolies, monopsonies, oligopolies, cartels, market share, dominant position, exclusive dealing, and mergers and acquisition. It then provides an assessment of the KPPU’s structure and powers, its performance, and its relations with the government, as well as problems with the enforcement of its decisions. The chapter includes several case studies, including the Donggi-Senoro case.
Marriage, Divorce, and Inheritance
Authors: Butt Simon , Lindsey Tim
Published: October 2018

Indonesia has a highly complex family law system, with different rules for Muslims and non-Muslims. This chapter offers a comprehensive overview of the rules governing marriage for both groups, including registration requirements, the status of unregistered marriages, foreign marriage, mixed marriage, underage marriage, and polygamy. It also explains divorce law (including the grounds for ‘talak’ divorces, custody and maintenance rules, and rujuk or reconciliation), and the different forms of property dealt with when a marriage ends: harta bersama (joint matrimonial property) and harta bawaan (pre-marital property). The last part of the chapter deals with inheritance. It describes the detailed rules that apply to Muslims under the Kompilasi Hukum Islam (Compilation of Islamic Law) and to non-Muslims under the Civil Code, and how courts have interpreted them to allow more equitable divisions of deceased estates between genders.