bluuebunny/crossref_metadata_2025 huggingface dataset:
Journey Through Purgatory
Authors: Lischer Richard
Published: October 2022

Thomas Merton is the closest thing we have to Augustine. He, too, is all about the journey, which he narrates with the artist’s gift of scene. Like Augustine, his interior landscape yields barrenness and restlessness. And like Augustine, conversion means exiting the world with no remainder. Merton disappears into a monastery in Kentucky. The second half of his book is a less compelling, somewhat triumphalist, tribute to the monastic life. In it, the seeds of conversion’s afterlife are sown—his crisis of dissatisfaction with monastic life and his deeper struggle to understand himself as a sexual human being. At fifty-one he falls in love with a student nurse. Not without pain, he remains true to his vows. His autobiography is a journey from one death to another: from the horror of his mother’s cremation, to the death of romantic love, to his own death by electrocution. Life was never meant for happiness, only blessedness.
The Long Way Home
Authors: Lischer Richard
Published: October 2022

In a series of memoirs, Mexican American author Richard Rodriguez performs the evolution of a self—his. It is an exercise prevalent in contemporary feminist, gay, and trans autobiographical writing. His first and most notable memoir, Hunger of Memory, is aptly subtitled The Education of Richard Rodriguez. It is a Bildungsroman in which a “scholarship boy” climbs out of his parents’ cultural orbit, achieves status as a public intellectual, and learns something painful about himself. Although a cradle-Catholic, Rodriguez’s journey is toward a new understanding of himself and his church. It is a spiritual memoir he writes because, unlike many evolutionary memoirists, he retains his home in the Catholic church. Indeed, he finds in the church (and nowhere else) a meeting place for the language of “home” (in which he was nurtured) and the public, liturgical language that befits his new role in American letters. His personal evolution continues in Darling, a lyrical celebration of his gay life and the religious women whose acceptance makes it possible.
Epilogue
Authors: Lischer Richard
Published: October 2022

Taken together, the body of spiritual memoirs enables the reader to tell his or her own story. The book of Hebrews makes a similar point when it insists that we, the readers, are to finish, or complete, the stories of the saints. On close inspection, we find that the paradigm of sudden conversion found in the story of Saul/Paul and in later evangelicalism plays a less significant role in many Christian autobiographies and memoirs. In many, saying yes to God involves a long process of growth toward faith. In some, baptism plays an important role; in others, it assumes little significance. Thus it is not wise to impose a single stencil on so varied a genre as spiritual memoir, and this book does not attempt to. Underlying the many variations in theological emphasis, style, and plot, however, the inherent hopefulness of the genre should not be missed.
Legal and Political Opportunities of the Uneven State
Authors: Gallagher Janice K.
Published: October 2022

This chapter shows how victims’ collectives that are engaged in sustained mobilization burrow into the walls of impunity in different, and difficult, political contexts. By taking advantage of their relationships with sympathetic state actors, utilizing divisions both within the state and among the state and its drug trafficking organization allies, and striking out on their own to search for their loved ones, they strategically exploit opportunities to advance their right to truth, justice, and non-recurrence of the disappearances. The discussion is first framed within the literature that helps to explain the interactions between these different actors (state, DTOs, civil society). Next, it looks inside the state-level justice systems to better understand the structures and incentives that shape the behavior of state investigators. Finally, it unpacks three different cases (Tamaulipas, Veracruz, Nuevo León) with differing political opportunities and shows how victims’ collectives adapted their tactics in response—enabling them to erode impunity even in the most inauspicious environments.
The Social Evolution of Postwar Politics
Authors: Wagner Regina L. , Shafer Byron E.
Published: October 2022

This chapter begins with analysis of the convergence between the four great policy domains of the postwar world: social welfare, civil rights, cultural values, and national security. It moves to the contrasting paths by which four the major social cleavages—class, race, religion, and sex—reached this convergence. It contrasts all this with the decline of geographic regions as a countervailing influence. Finally, it brings the four major engines of political change back into the picture: policy instantiation, voter enfranchisement, partisan mobilization, and electoral alignment. And it closes with a comprehensive summary of the social evolution of postwar American politics.
The Greco-Roman World
Authors: Bryan Christopher
Published: October 2022

The dominant social, political, and cultural elements of the world into which Christianity was born and spread were Hellenism and the Roman Empire. Hellenism has been called “the civilization of the paideia”—which means very roughly, “education.” It was a cultural force that at its best valued men and women neither for their race nor their religion nor even for their sex, but for their education, by which was meant not general education in our sense, but knowledge and understanding of Hellenistic literature and culture. The Roman Empire was the dominant political fact of the time: Roman imperial power was everywhere apparent.
Hebrews and the Son of God
Authors: Bryan Christopher
Published: October 2022

Hebrews is in form a homily rather than a letter. Despite its evident differences from the style and content of Paul’s letters, differences which were noted in antiquity, Hebrews maintains and develops the confession of Jesus as Lord and as Son of God, using “Lord” to speak of the risen and exalted Jesus’ relationship to us, and “Son of God” to speak of his relationship to God, contrasting Jesus’ role as God’s son with Moses as God’s servant. Hebrews emphasizes Jesus’ superiority to angels, associating him with divine Wisdom and speaking of him as God’s agent in creation, and also speaks of Jesus as high priest, contrasting the greatness, permanence and finality of his offering with the offerings of the Aaronic priesthood.
The Synoptics and the Son of God
Authors: Bryan Christopher
Published: October 2022

Jesus is remembered as praying to God as his Abba, a form of address used by children in speaking to their fathers, and also as a polite way of speaking to elderly men. In this Jesus seems to be unique, not because this as a form of address to God is un-Jewish or without parallel elsewhere—it is not. Notably the Hasidim are remembered for their sense of filial closeness to God. But Jesus is unique in that this address is remembered as utterly characteristic of him, his idiolect. Matthew and Luke further describe his teaching his disciples to pray (the Lord’s Prayer), encouraging them address God as he did.
“Who Then Is This?”
Authors: Bryan Christopher
Published: October 2022

When and where does the worship of Jesus as Son of God begin? Early Aramaic speaking followers of the Way were already calling him “Lord.” The maranatha prayer indicates a freedom from earliest time to address Jesus directly. Ultimately, this and the understanding of Jesus as Lord and Son of God must be traced to the impact Jesus himself had on his followers. This impact led to an apparent paradox: Christians remained committed to belief in One God, but they also were clear that they experienced God in and through Jesus of Nazareth. This led directly to the centuries of theological debate, and eventually to the homoousion.
Religion's Power
Authors: Wuthnow Robert
Published: October 2022

How does power manifest itself in religious practices? What forms does it take? Who sets the rules? Do the rules work? The question is not how religion affects other things, but how power is exercised within religion itself. These were addressed by Durkheim and Weber, Berger and Geertz, and others. There has, however, been a “turn to power,” as Stephen Bush observes, inspired in religious studies by Talal Asad but also through the influences of Judith Butler, Pierre Bourdieu, Michel Foucault, and others. Similar questions in the social sciences have been driven by ethnographic studies of congregations, gender relations, race, and social movements in which power dynamics are present. The author examines how power is enacted as religious participants interact with one another in rituals, formulate and recite narratives they hope will communicate sincerely and persuasively, create institutions that organize dedicated space and make use of codified and pragmatic knowledge in that space, intersect with gendered and racialized identities, put symbols and storytelling to work for political purposes, and work out the mechanisms for mobilizing political protests. The book seeks to make three contributions: first, bringing closer and more specific attention to the role of power in the rapidly expanding literature on religious practices; second, specifying the mechanisms through which religion’s power is exercised; and third, using this framework to discuss empirical examples that illustrate in greater detail how power works.
Religion and Political Power
Authors: Wuthnow Robert
Published: October 2022

Political power is the use of or capacity to use coercive force, from which in the United States religious groups are constitutionally excluded. However, the constitutional boundary separating church and state is both porous and fungible. This means that religion frequently does exercise a kind of “soft power” in politics. This chapter examines four ways in which that power is expressed: signaling, storytelling, political engagement, and protest. It offers examples from presidential speeches, religious monuments in public spaces, religious leaders’ accounts of political awakenings, the debate over the Charitable Disclosure Bill, and religious leaders’ role in the Black Lives Matter movement.
Introduction
Authors: Sloss David L.
Published: October 2022

The introduction is divided into three sections. Section I presents a brief history of the rules-based international order. It shows that—between 1945 and the first decade of the twenty-first century—the international system evolved from a primarily sovereignty-based order to a much more rules-based order. However, since about 2008, we have witnessed significant backsliding toward a more sovereignty-based order, especially in the areas of international trade and international human rights law. Section II briefly surveys the major, current threats to the rules-based international order. Finally, section III outlines a potential strategy to mitigate those threats in the interest of preserving a rules-based international order that is consistent with liberal, humanitarian values. The book as a whole generally supports the conclusion that the rules-based international order confronts significant challenges, but it is not unraveling—at least, not yet. Climate change is the biggest wild card in trying to predict the future. If the world’s major powers—especially the United States and China—cooperate with each other to combat climate change, then other threats to the rules-based order should be manageable. If the world’s major powers fail to address the climate crisis by 2040 or 2050, the other threats addressed in this volume may come to be seen as trivial in comparison.
War and Words
Authors: Sukin Lauren , Weiner Allen S.
Published: October 2022

Does the UN Charter’s use of force regime remain relevant and effective in regulating or constraining the behavior of states? This chapter answers this question in part by examining the incidence of the transnational use of force since 1945. The chapter finds that the level of transnational use of force has not significantly increased, despite the emergence of new security threats. The chapter also investigates how states engage with the Charter’s use of force regime by examining their justifications for military action. The chapter finds that states remain committed to the existing UN Charter’s legal framework. The proportion of transnational instances of the use of force for which states provide formal justifications to the Security Council has remained relatively static since 1945. The changing patterns of justificatory discourse also reveal limited reliance by states on legally contested bases for using force, suggesting an absence of state claims for the adaptation of black letter law. The one notable exception reflects evolving recognition that the right of states to exercise self-defense against nonstate actors located in other states prevails over the territorial integrity of the state where force is used. The chapter also finds increasing reliance by states on extralegal justifications, which frequently complement contested legal arguments. The use of extralegal justifications in this way suggests that even when states use force in circumstances that are difficult to reconcile with the black letter law of the Charter, they do not directly challenge the applicability of the Charter’s use of force regime.
The Jus in Bello under Strain
Authors: Dickinson Laura A.
Published: October 2022

The jus in bello is perhaps the most stable branch of public international law. Yet multiple contemporary forces have placed even this relatively sturdy body of law under considerable strain. These forces include: (1) the rise of nonstate armed groups, in particular the proliferation of transnational terrorist organizations; (2) the increased use of military and security contractors; (3) the emergence of new military technologies; and (4) rapid urbanization, such as the proliferation of megacities. This chapter argues that the fact that the jus in bello has already weathered some of these challenges indicates that it may well survive the others. Fundamentally, most states remain committed to the core values that undergird this body of law. It therefore appears less likely that the jus in bello will unravel than that gaps and fissures will emerge as states seek to translate the underlying values and norms to meet new challenges. Moreover, these gaps and fissures may expand, enabling states and others to adopt competing, often self-serving, interpretations. In short, the risk is one of long-term dilution rather than rapid disintegration.
The Experimental Evolution of Trade Law
Authors: Claussen Kathleen
Published: October 2022

This chapter examines the once-dominant trade law narrative, grievances that have arisen under it, and prospects for the future. It argues that trade law and its institutions continue to evolve and that experimentation in trade law has not reached its end. The chapter presents three broad areas where trade law is unsettled: in the relationship between domestic and international tools; in the place and space for wealth redistribution; and in the shape of an institutional framework that can itself be flexible and establishment view of the trade rule of law and how it has come under challenge. What some see as a “fraying” of an ideal structure for managing trade law and policy, the chapter identifies as another turn in trade law’s experimentation. Second, the chapter analyzes four institutional challenges that arise from this turn, although there are others. It considers the work of the World Trade Organization (WTO) dispute settlement system, the WTO’s other institutional features, the invocation of national security as a justification to depart from the establishment view, and trade agreements. Finally, the chapter concludes by looking to the future, imagining the possibilities for institutional change and a new conception of the trade rule of law going forward.
Migration and International Legal Disorder
Authors: Ramji-Nogales Jaya
Published: October 2022

This chapter assesses the question whether the international legal order is unraveling from the vantage of international migration law. This field demonstrates the gaps in the international rules-based order, as most cross-border migration is barely governed by formal international law. Though flows of labor migrants should be an expected response to globalization, the international legal framework on migration fares poorly in anticipating and addressing such movement. International migration law focuses on crisis response rather than regulation of quotidian and predictable migrant flows. This approach is problematic for states, which could play a much greater role in facilitating and regulating migration, and for migrants themselves, who often have no other migratory option than to move irregularly. This human movement outside the law has been leveraged by populist politicians to kindle nativist fears, a development that threatens to undermine the international legal order. Though the political space is highly constrained, regional and plurilateral agreements may present a promising starting point for effective supranational regulation of migration. Taking seriously the motivations of migrants and the interest of destination states in migrant labor, regional law could regulate transit, entry, reception, and integration of migrants. Such a legal regime could coordinate both labor migration and protection functions, sharing responsibility for refugee protection and providing safe and regular pathways for migrants seeking employment and family reunification. Beyond regional migration agreements, migration issues should be incorporated more cohesively into other fields of international law, including development, environmental law, labor law, and trade law.
Constitutional Law and Human Rights: The Call to Civility
Authors: Michelman Frank I.
Published: October 2022

“The zeal to embody the whole truth in politics is incompatible with an idea of public reason that belongs with democratic citizenship.” So declares John Rawls. As a corollary, Chapter 4 maintains, it would follow for Rawls that your conviction of a certain rights-claiming proposition’s qualification as a real and true human right does not yet give you conclusive reason to urge that proposition for inclusion in a justification-bearing constitution, as envisaged by Rawls’s proposed liberal principle of legitimacy. A ground for this stance of self-restraint is not, however, immediately clear. Since, presumably, you want your country’s constitution to be morally the best it can be, how can you hold back from urging inclusion in it of protection for a real and true human right? The stance of self-restraint finds its Rawlsian ground not in the possibility that the issue in question could be too specific or transitory or otherwise unfit for inclusion in constitutional law, nor does acceptance of a fact of reasonable political disagreement yet fully explain it. The ground ultimately lies in acceptance of an obligation of civility, an aspect of the political reasonability of citizens as envisaged by the Rawlsian proposition for justification-by-constitution, and what that might imply for the idea of moral excellence in matters constitution. The chapter concludes by suggesting that the idea of civility may carry differing practical guidance for judges in a constitutional democracy than for citizens at large.
Bargaining Applications
Authors: Cooter Robert D. , Gilbert Michael D.
Published: October 2022

This chapter applies the theories of bargaining developed earlier to problems in public law. It begins by addressing regulations, especially regulations to correct negative externalities like air pollution. It contrasts two methods for correcting inefficiency: “Hobbesian” solutions that impose a rule on feuding parties, and “Coasean” solutions that make it easier for people to cooperate. Next, the chapter studies federalism, meaning the allocation of powers between national and state governments. It provides an interpretation of Article I, Section 8 of the U.S. Constitution, which establishes federalism in the United States. Finally, the chapter studies the separation of government into executive, legislative, and judicial branches.
Theory of Voting
Authors: Cooter Robert D. , Gilbert Michael D.
Published: October 2022

This chapter presents the economic theory of voting. It begins with the positive theory, considering why people vote and when abstention is rational. Next, it presents the median voter theorem, which predicts the outcomes of some elections. Turning to normative theory, the chapter relates the median voter theorem to efficiency and social welfare. The interpretive analysis introduces the “median theory of interpretation.” This theory provides a way to interpret laws enacted by casting separate votes on separate issues, as when voting on ballot initiatives. The chapter addresses topics such as direct democracy, the organization of the executive branch, and voting by judges.
Voting Applications
Authors: Cooter Robert D. , Gilbert Michael D.
Published: October 2022

This chapter applies the theories of voting developed earlier to problems in public law. It begins by studying the right to vote and restrictions thereon. The discussion covers voter information, fraud, campaign finance, and the legal concept of a “political community.” Next, the chapter studies structures of representation, including the size and composition of the legislature, the “one-person, one-vote” principle, gerrymandering, and a concept called the “republican compromise.” The chapter concludes by discussing two forms of government competition, direct democracy and voter mobility. The discussion includes an interpretation of the “single subject rule,” a widespread constitutional provision.
Entrenchment Applications
Authors: Cooter Robert D. , Gilbert Michael D.
Published: October 2022

This chapter applies the theories of entrenchment developed earlier in this book to problems in public law. To begin, the chapter studies rights in general. It relates rights to transaction costs and two solutions to inefficiency: “Hobbesian” solutions, which impose a rule on feuding parties, and “Coasean” solutions, which make it easier for people to cooperate. It considers the legal doctrine of “unconstitutional conditions” and the question of whether rights should be local or universal. It also addresses the vexing problem that arises when rights conflict. Next, the chapter studies two rights, equality and free speech, in detail. The chapter concludes by addressing constitutional progress and the choice between amendment by legislators and “updating” by courts.
Rules with Compliance Built In
Authors: Giles Cynthia
Published: October 2022

Because rules are the foundation of compliance outcomes, and case studies are the most powerful demonstration of that fact, this first chapter is an in-depth exploration of the compliance design of eight programs: four successful and four compliance disasters. The examples include regulations about air pollution (Acid Rain Program, New Source Review, Greenhouse Gas Reporting Program), water pollution (secondary treatment for sewage plants), drinking water (pathogens and lead), pesticides (paraquat), and even one criminal catastrophe from South Korea (the Sewol Ferry), and illuminate both the benefits of compliance-resilient programs and the public health dangers created by poor compliance structure. Two examples regulate coal-fired power plants, but with dramatically different results, illustrating that it’s not the compliance culture of the regulated industry that determines success on the ground, it’s the design of the rule that matters.
The Ideologues
Authors: Giles Cynthia
Published: October 2022

Next Gen is practical. It asks what will work and eschews ideology. This chapter examines two popular ideology-heavy approaches—performance standards and market methods—to see if they produce better compliance. There is surprisingly little evidence supporting the nearly universal claims of policy superiority for these ideas. Limited data suggests that they show promise for reducing costs in some situations, but they require even more mandatory safeguards than other approaches do. Many people learned the wrong lesson from the celebrated Acid Rain Program. That program didn’t get terrific compliance because of the mythical properties of markets; it was successful because tough, prescriptive rule design gave the regulated utilities no way out. It was a triumph of command and control. Performance standards and market strategies have potential to help tackle environmental issues, but they don’t have magical powers, and they are not the right fit for every problem.
Introduction
Authors: Eyerman Ron
Published: October 2022

The idea of white American consciousness is first introduced through a biographical note, revealing its historicity and social construction. The personal note speaks to collective identification as it defines one’s social interactions in a loosely segregated urban American environment. In such contexts, white skin tone is routinely present but not strongly articulated as collective identity in any manifest sense; it is neither culturally nor politically thick but present on the surface in latent form. This, it is argued, holds true for much of American history, where having white skin provided many advantages that did not require conscious acknowledgment from its bearers yet was there when you needed it. It could also be there when you did not want it, such as during periods of great racial tension, where one has no choice as to which side you were on. The choice was made by others, just as it always had been for those with darker-skin tones. In such a context, racial identity, read as skin color, is ascribed, determined by how others see you. There is a clear difference between race as an ascribed category and racial identification; the former may be a formal matter of administration, while the latter requires active presence, though not necessarily active awareness. The introduction concludes with a chapter outline of the book where these points are traced through American history.
On the Future of Whiteness and White Supremacy
Authors: Eyerman Ron
Published: October 2022

This chapter addresses the issue of race and racism in the United States in a context of political polarization and where “whites,” as a category, no longer constitute the majority of the population. With numerical domination fading, will the color-coded hierarchy and ideology of white supremacy also fade into history? The issue of white mobilization and the interrelation between social movements and the established political parties is also discussed, particularly as this was actualized in the storming of the US capitol building.
Capacity beyond Coercion
Authors: Ostermann Susan L.
Published: October 2022

State capacity is often equated with coercion. The literature suggests that compliance with law is unlikely in areas where the state cannot coerce compliance. Utilizing extensive data collected in adjacent districts in India and Nepal, and exploring three different regulatory arenas, this book demonstrates that coercively weak states can significantly increase compliance by behaving pragmatically and designing implementation around known barriers to compliance. One such barrier is imperfect legal knowledge. Though legal knowledge is often assumed to be accurate, this assumption is problematic. Principal-agent problems prevent many weak states from behaving consistently, and target populations often lack education and competent legal advice. As a result, they struggle to learn about the law. States that employ regulatory pragmatism, however, may circumvent this compliance barrier. They do so by designing implementation strategies for on-the-ground realities. The book explores two such efforts—delegated enforcement and information dissemination through local leaders. The data indicate that strategies consistent with regulatory pragmatism, in contrast to those that are legally doctrinaire or deterrence-based, significantly increase legal knowledge and compliance, even where the state is locally weak. This is demonstrated in through a primary case involving compliance with conservation law, as well as through two shadow cases involving compliance with education and child labor regulation.
Regulatory Pragmatism outside of the Forest
Authors: Ostermann Susan L.
Published: October 2022

Having explored regulatory pragmatism and the relationship between legal knowledge and compliance in the context of conservation in Chapter 6, this chapter turns to two shadow cases, one involving compliance with teacher-student ratio regulations and the other involving child labor in brick kilns. Each is explored in the same border region in which the conservation case is situated. In the schools case, it was India, not Nepal, that employed a strategy consistent with regulatory pragmatism: the Right to Education Act, which gave parents a mechanism by which to exert pressure on schools. Consistent with expectations developed in the conservation case, it was also India that realized more widespread accurate legal knowledge among school administrators and higher rates of observed compliance. In the brick kilns case, neither India nor Nepal employed a strategy consistent with regulatory pragmatism to reduce child labor, and both countries saw comparatively similar legal knowledge and compliance rates.
Introduction
Authors: Boyer John W.
Published: October 2022

The Introduction to the book discusses some preliminaries involving the institutional forebears of the modern Austrian state and its historiographic traditions, as well as some reflections on the role of the principal Dynast (Emperor Franz Joseph) and the Habsburg Court, whose extraordinary claims to supreme authority shaped the history of the whole of the nineteenth and the first two decades of the twentieth century. These domains—the administrative state as created by Empress Maria Theresa and Emperor Joseph II, its finessed and often calculated history and historiography, and the self-identity of its primary political architects—are necessary areas of inquiry for comprehending the ruptures and surprising continuities defining the scope of this book and for explaining why Austrian history does not fit easily within conventional historical bookends and why it does not mirror the models of other major European nations.
The Settlement of 1867 and the Creation of a Liberal Constitutional Order
Authors: Boyer John W.
Published: October 2022

This chapter introduces the main narrative of the book by describing how the Austro-German Liberals successfully forced the Habsburg Crown to accept a genuine constitutional revolution in 1867, including laws creating a legitimate national parliament with control over the state budget, laws guaranteeing freedom of thought and expression, a free judiciary, the separation of justice and administration, public access to administrative decision-making, the introduction of jury trials, freedom for the press, the protection of associations and the right of assembly, the reorganization of Church‒state relations and the repeal of the Concordat, and the creation of a new high court responsible for appeals against flawed administrative decisions. It also explains the settlement (Ausgleich) that took place between Austria and Hungary in 1867, which created a composite state unlike any other in modern Europe of the nineteenth century. Unlike other major states in nineteenth-century Europe, Austria coped with a wider range of centripetal social and ethnic pressures within its civic system at the very time that its constitutional development gained traction against the authoritarian powers of the Crown. The Liberals were stunningly successful in compelling the Emperor to share the state, much as their predecessors in Frankfurt in early 1849 had hoped that the Prussian King would divide up the new German national state with a new imperial parliament. The Austrian Liberals in turn would be asked in the 1870s, 1880s, and 1890s to share the state with other rival and competing electoral groups.
The Era of the Iron Ring
Authors: Boyer John W.
Published: October 2022

This chapter introduces Count Eduard Taaffe, who served as Minister-President from 1879 to 1893, and was in many respects the Austrian counterpart to Otto von Bismarck. It presents a revisionist account of Taaffe’s regime, arguing that while Taaffe assembled a parliamentary coalition (the Iron Ring) based on clericals, Czechs, and Poles against the German-speaking Liberals, in fact the basic ethos of this policy record was to sustain and even to protect the constitutional institutions introduced by the Liberals in 1867 and 1868. The chapter also argues that Austrian politics was hit by three large new political forces in the 1880s and early 1890s that fundamentally reshaped the course of late imperial Habsburg history, engendering new forms of political aesthetics that forever changed the practice of politics in the western half of the Empire. The Young Czechs in Bohemia and the Christian Socials and the Social Democrats in and around Vienna constituted new mass political movements in east Central Europe in the 1880s and early 1890s, becoming all the more powerful because they defined their identities in relation to each other. That these movements emerged under the conservative ministerial regime of Taaffe was not accidental, and they created two parallel dynamic force fields—the Czechs versus the ex-German Liberals in Bohemia and Moravia; the Catholics versus the Socialists in Vienna and Lower Austria—that framed the history of the final decades of the Habsburg Empire. The chapter also analyzes the political impact on the Taaffe regime of the suicide/murder perpetrated by Crown Prince Rudolf in the company of Mary Vetsera at Mayerling in January 1889.
Two Decades of Constitutional Upheaval, 1895‒1914
Authors: Boyer John W.
Published: October 2022

This chapter takes the book’s narrative down to 1914 on the eve of the war. It provides a comprehensive overview of the course of state-level politics from the Badeni government in 1896 down to the ministry led by Karl Stürgkh in 1914. The book shows how the ongoing crisis in Bohemia and Moravia became one chronic axis of conflict that destabilized the Empire, but that this was counterposed to two new social and political movements emerging in Vienna—Christian Socialism and Social Democracy—which had an entirely different, non-ethnic logic. The institution of universal suffrage in 1907, which was meant to try to ameliorate the bitter ethnic conflicts in Bohemia and Moravia, also gave huge impetus to expansion of the Viennese mass ideological parties as well. By 1907 the two largest parties in the Austrian parliament (Reichsrat) were the Christian Socials and Social Democrats, neither of which had existed in the 1880s. The result was that, upon the collapse of the Empire in 1918, these two ideological movements—the Catholics and the Socialists—were ready to take possession of the new republican state. The chapter concludes by reviewing the plans that Archduke Franz Ferdinand had developed for his accession to the throne and suggests that the perennial debate about the longer-term possible survival of the Habsburg Empire in the twentieth century which has much preoccupied recent scholarship has to hinge on how historians evaluate Franz Ferdinand’s capacity for effective administrative leadership.
The Monarchy in the First World War
Authors: Boyer John W.
Published: October 2022

This chapter provides a detailed account of the demise of the Habsburg Empire as a multi-ethnic, constitutional state as a result of the horrors of World War I. It shows how the Empire, completely unprepared for a long war, stumbled into wartime absolutist governance practices, with brutal military domination over civilian life. The result of inefficiencies, political gaffs, and supply shortfalls was the “hunger winter” of 1916/17 and even worse conditions in 1918 that brought general misery to millions of poor citizens. Franz Joseph’s death in 1916 ended a personal regime of sixty-eight years, comprehending five generations of traumatic political upheavals. The Emperor was succeeded by his grandnephew, Karl Franz Joseph, a 29-year-old amateur soldier who was thrust into the middle of a political morass. Karl became infamous for his lack of systematic decision-making. The reaction among Austrian Slavic leaders to the collapse of the 1918 offensives in Italy and in France and to the slow, yet tangible weakening of the independent standing of the Crown in the Sixtus Affair was unmistakable. The decision of the revolutionary State Council on November 10, 1918 to place a draft of a fundamental law on the formation of a new Austro-German Republic before the Provisional National Assembly in Vienna compelled Karl’s “renunciation” (de facto, abdication) of any involvement in the affairs of state. The end of the Empire as a juristic unit came on the afternoon of November 11, 1918.
The Revolution of 1918‒1919
Authors: Boyer John W.
Published: October 2022

This chapter describes the course of the Revolution in Austria that resulted in the creation of the Republic and the Constitution of 1920. The loss of the Habsburg Court as a site of monarchical legitimacy and of the Empire as a system of meaning and self-identity left German-speaking Austrians in a dreadful dilemma. No longer citizens of a great multinational empire, they were compelled to search for new structures of civic community and new modes for the exercise of legitimate power. In contrast to Germany, where the army, the “Junkers,” and “militarism” shared in the objectification of guilt, the Habsburg dynasty and its subservient bureaucracy in Austria became the most convenient scapegoat for war-guilt acrimony. This chapter describes the jockeying for power that defined the early weeks and months of the Revolution, and fatefully, how the Czech occupation of the German-speaking parts of Bohemia and Moravia eliminated those electoral constituencies from voting in the national elections for the Constituent Assembly called for February 1919. The loss of the Sudeten territories—the former heartland of German Nationalist politics in the old Empire—meant that “small” republican Austria would become exclusively defined by the Alpine lands and Vienna, and, in turn, that the control of the new Republic would rest in the hands of a coalition government made up of the Christian Socials and Social Democrats. Both of these ideological parties were then forced to collaborate in writing a new constitution for the Republic, the first draft of which was prepared by Hans Kelsen. Once the constitution was approved in 1920, the revolutionary Coalition collapsed and the Social Democrats, now led by Otto Bauer, abandoned Karl Renner’s hope for ongoing cooperation with the Catholics and went into what became a permanent minority opposition for the rest of the First Republic.
The First Austrian Republic, 1920–1932
Authors: Boyer John W.
Published: October 2022

This chapter describes the tumultuous history of the First Republic in Austria, as the state struggled to stabilize its fragile economy after 1920 and then to cope with the ravages of the Depression in the later 1920s and to implement the new republican constitutional framework of governance.The chapter focuses first on the activities of the prominent Catholic leader, Ignaz Seipel, and his strident opposition to the Austrian Socialists, now led by Otto Bauer. The chapter shows Seipel’s slow, but certain move to upend and weaken the Constitution of 1920. On the left, Otto Bauer’s strategy of permanent revolution is contrasted to Karl Renner’s accommodationist pleas, marking the great division of opinion that perplexed and weakened the Austrian Social Democrats as to whether to try to work with the regime or to maintain a virtuous and deeply hostile distance from it. The chapter also presents a comprehensive evaluation of radical social and cultural policy innovations of Red Vienna between 1920 and 1932, focusing on public housing, schools, and public health. What most frustrated the anti-Semitic and Catholic opponents led by Seipel about Red Vienna was that the Social Democratic municipal regime used legally justified administrative methods to transform the urban fabric of Vienna into a more egalitarian society. The chapter ends with the procedural self-destruction of the Austrian parliament (Nationalrat) in March 1933, which opened the door for the radical Catholics led by Dollfuß to set aside the constitution and to impose an authoritarian, semi-dictatorship in 1934.
The Catholic Dictatorship and the Nazi Occupation, 1933‒1945
Authors: Boyer John W.
Published: October 2022

This chapter focuses on the collapse of the Republic and the imposition of an authoritarian regime by Catholic conservatives led by Dollfuß in 1933‒4 and the subsequent conquest and occupation of Austria by Hitler and the Nazis in 1938. Following the implosion of parliament on March 4, 1933 Dollfuß began to undermine key facets of the existing political order. The record before us leads inescapably to the conclusion that Dollfuß was in full control of his Cabinet, and he was only too willing to follow the urgings of those who wanted a swift attack on the Social Democrats, not simply to protect Austria against Nazi Germany but to destroy the hated “Marxist” experiment in Vienna that epitomized all that was wrong with the modern world after 1918. The chapter provides a detailed account of the civil war of February 1934 that empowered Dollfuß’s final victory over the left, his subsequent murder by Nazi thugs in July 1934, and the haphazard efforts of his successor, Kurt von Schuschnigg, to salvage the Catholic dictatorship in the face of the massive popularity of the Nazi menace. The chapter then provides a detailed account of the Nazi takeover in 1938, including a description of the destruction of the Viennese Jewish community and an evaluation of the extent to which ordinary Austrians were involved in or supported the Nazi terror state and the Holocaust from 1938 to 1945. It concludes with the conquest of Vienna by the Red Army in April 1945.
Conclusion
Authors: Boyer John W.
Published: October 2022

The Conclusion briefly takes the narrative of the book from the State Treaty of 1955 to the end of the Socialist government led by Bruno Kreisky in 1983. The political culture of the Republic of Austria that exists today (2022) is essentially the product of the political reconciliation engineered by the Great Coalition between 1945 and 1955 and Kreisky’s massive cultural and social revolution accomplished between 1970 and 1983. Kreisky’s revolution was based on the slow transformation of the Austrian economy to an urban service basis, the radical numerical decline of agrarian voters, the emergence of new social-interest movements related to environmentalism and women’s rights, and the frustration on the part of many younger state officials, educators, media professionals, artists, and journalists about the conservative cultural policy priorities of elements of the Catholics, which seemed to be retarding Austria’s social modernization. Kreisky sought to resolve the profound tensions between Otto Bauer and Karl Renner relating to the strategy and identity of the Social Democratic Party that were discussed in Chapters 8 and 9 of this book. Rather than a social revolution confined to Red Vienna, the egalitarian and libertarian impulses of the 1920s were uploaded into Austrian national culture on a state level. Sensitive to the anti-bureaucratic, youth-based cultural revolutions that were sweeping Western European societies in the 1960s and 1970s, Kreisky brilliantly combined appeals to heightened individual liberty and new private cultural prerogative—abortion rights, higher educational opportunities—with invocations of the eudemonistic power of the state in social welfare.
Reciprocal Freedom
Authors: Weinrib Ernest J.
Published: October 2022

This book continues a decades-long exploration of the theory of private law. Two previous books, The Idea of Private Law and Corrective Justice had presented, respectively, the theory of corrective justice and the analysis of a wide range of specific issues in private law. The present book starts with corrective justice as the structure of the private law relationship and gradually moves outward to situate private law within the wider world of law, dealing with the state’s role in forwarding distributive justice, the horizontal application of constitutional rights to private law, and the rule of law. The book draws on Kant’s legal philosophy to exhibit law, both private and public, as the necessary medium for the reciprocal freedom of all. Central to this enterprise is what Kant called ‘public right’, with its system of public institutions. Throughout these books, four ideas about private law have consistently been in play: (1) fair and coherent reasons for liability are correlative in structure; (2) rights and their correlative obligations provide the content for this structure; (3) the activity of theorizing about private law involves not the construction of a utopia but the understanding of an ongoing normative practice; and (4) a theory of private law is concerned not with producing a determinate code of law, but with explicating the conceptual structure and normative presuppositions of the phenomenon of liability.
Public Right
Authors: Weinrib Ernest J.
Published: October 2022

This chapter deals with the relationship between the rights of private law and what Kant calls ‘public right’, that is, the condition in which public institutions guarantee rights. The rights of private law cannot be enjoyed without their being authoritatively determined and enforced by public institutions. Whereas corrective justice links the parties to a transaction bilaterally through its correlative structure, public right is omnilateral, linking everyone to everyone else. Two normative ideas inform public right: publicness (that public institutions secure everyone’s rights on the basis of reasons that can be known and acknowledged by all) and systematicity (that legal norms and institutions form a systematic whole). The distinctive normative commitments of public right may modify the principle of a court’s decision without, however, changing the structure and content of the private law right itself. Publicness can have this effect, as Kant illustrated in his discussion of market overt. Systematicity operates similarly, sometimes extending and sometimes modulating the effect of the plaintiff’s right. To illustrate this, the chapter presents two doctrines (inducing breach of contract and assignment) that extend the effects of contract from the contracting parties to third parties, and two doctrines (the privilege to preserve property in Vincent v Lake Erie, and liability for private nuisance) that modulate the entitlements to exclude and to use that are indigenous to ownership. Public right thus makes make right-holders reciprocally determining participants in the legal system, thereby transforming private law into a community of rights.