bluuebunny/crossref_metadata_2025 huggingface dataset:
Jury Selection in the Post-Batson Era
Authors: O’Brien Barbara , Grosso Catherine M.
Published: September 2018

In Batson v. Kentucky (1986), the US Supreme Court sought to eradicate racial discrimination in jury selection by prohibiting the exercise of peremptory strikes based on race. This chapter reviews the evidence that Batson has failed to protect jurors from race-based strikes and the reasons for this failure. The test for establishing racial discrimination set forth in Batson suffers from design flaws that make its enforcement difficult given common psychological mechanisms at work in the decision-making process and which may be exacerbated by the jury selection process itself. Batson seeks to remedy only intentional discrimination. Moreover, its capacity to ensure diverse juries is limited by the stages of jury selection that precede its application. Enforcing Batson effectively is critical to the system’s integrity, but no simple solutions exist to remedy the stubborn persistence of racial bias in jury selection. All of this suggests that measures are needed to strengthen Batson’s protections.
In the Aftermath of Ferguson
Authors: Cole Lindsey M.
Published: September 2018

This chapter examines the impact of police on juror perceptions and decision-making, both before and after Ferguson. It first reviews the existing literature describing the role of police in court, including police as witnesses and the effect of police and court legitimacy on jurors and jury deliberation. Next, it describes the events in Ferguson and the resulting national attention and rise of social movements and then discusses the effects of Ferguson and social media coverage on changing public attitudes toward and perceived legitimacy of the police. The chapter also explores how common police practices, such as testilying and the blue wall of silence, might further impact juror trust in police and legal institutions in the aftermath of Ferguson. The chapter closes with several policy recommendations and future research directions to address Ferguson’s impact on the courts and juries.
The Impact of Legally Relevant Media Exposure on Criminal Juror Decision-Making
Authors: Groscup Jennifer L.
Published: September 2018

Exposure to various forms of media can potentially impact decision-making by jurors in criminal trials. Cases like the highly publicized Casey Anthony trial, in which jurors’ media exposure might have affected the verdict, highlight the importance of understanding what messages jurors receive from the media and how those messages might influence their perceptions of trial participants and evidence. This chapter first explores research on the content of legally relevant news media, reality television, and scripted television dramas to better understand the messages the media might be delivering. Next, it reviews research suggesting how various media sources influence the development of legally relevant attitudes and, in turn, juror decision-making. The chapter then investigates the media’s direct influence on juror decision-making, focusing particularly on the CSI Effect. Finally, it discusses recommendations for jury system reform that might decrease media influence as well as future research directions.
Neuroscience and Jury Decision-Making
Authors: Hunter Shelby , Schweitzer N. J. , Ware Jillian M.
Published: September 2018

This chapter examines the emerging use of neuroscience evidence in criminal trials and its influence on jury decision-making. It begins with a look at the prevalence of neuroscience expert evidence in criminal cases, finding a rapid increase in its use both in and outside of the United States. It then looks at the broader research on how the lay public is persuaded by neuroscience-derived information, followed by an examination of the relatively young literature on the specific (and often paradoxical) impact of neuroscience and neuroimagery on jurors’ judgments of criminal defendants. The chapter concludes with some caveats about the current state of neuroscience with respect to the legal system and some recommendations for future research.
Charismatic Authority in Revolutionary and Napoleonic France
Authors: Bell David A.
Published: September 2018

The essay examines the emergence, during the eighteenth century, of what the author calls the figure of the charismatic revolutionary leader. It shows how an image of virtuous, powerful, redeemers and founder-figures became enormously popular in the Atlantic World during the 1760s. It goes on to consider the characteristics associated with these figures, tracing their roots in such sources as the Enlightenment cult of genius, the eighteenth-century worship of “les grands hommes,” new forms of celebrity, and the sentimental novel. It discusses the applicability of the Weberian definition of “charisma” to the figure, and distinguishes it carefully from monarchy. The essay then explores the consequences of this transformation for our understanding of the French Revolution and the rise of Napoleon Bonaparte.
Public Health and Law
Authors: Burris Scott , Berman Micah L. , Penn, and Matthew , Holiday Tara Ramanathan
Published: September 2018

This chapter introduces and defines basic concepts used throughout the book and within the fields of public health and law. The chapter explores the focus on population-level data, rather than individual-level information, as public health’s primary lens. It defines health disparities, the social determinants of health, and the three levels of prevention to exemplify public health’s broad perspective, which looks beyond healthcare to more systemic causes of illness and disease. It also defines law and its role in shaping behaviors and environments at all levels—federal, state, local, tribal, and international—and introduces examples for how law may be used to impact the public’s health.
Ethics in Transdisciplinary Practice
Authors: Burris Scott , Berman Micah L. , Penn, and Matthew , Holiday Tara Ramanathan
Published: September 2018

This chapter defines the three basic meanings of ethics: as a way of defining the “Good,” as a set of basic principles that emerge from ethical deliberation, and as a way of establishing standards to interact with professionals outside a given field. The chapter explores professional ethical codes from law, medicine, and public health and identifies ways in which ethics are supported or enforced through law.
Constitutional Limitations
Authors: Burris Scott , Berman Micah L. , Penn, and Matthew , Holiday Tara Ramanathan
Published: September 2018

This chapter introduces the 14th Amendment’s Equal Protection Clause by discussing its history, judicials interpretations, and application to public health issues. It reviews the fundamental equal protection doctrine—similarly situation person must not receive disparate treatment. It also describes the definitions and usage of suspect and quasi-suspect classes and the levels of scrutiny courts may apply to while reviewing equal protection claims. Using cases such as Craig v. Boren and City of New York v. New St. Mark’s Baths to illustrate, the chapter also examines the application of the equal protection clause to public health issues. The chapter highlights factors that have historically led to equal protection violations by public health officials.
Constitutional Limitations
Authors: Burris Scott , Berman Micah L. , Penn, and Matthew , Holiday Tara Ramanathan
Published: September 2018

This chapter reviews the impact of the First and Second Amendments to the US Constitution on the exercise of the police power for public health. The chapter reviews how the courts have applied the First Amendment’s Free Speech Clause to regulate commercial speech and identifies the standards courts use to assess whether public health laws unconstitutionally burden religious practice. Finally, the chapter explains the limitations imposed on gun control measures by the Second Amendment and the interplay of law and politics in the regulation of firearms.
Strategic Considerations in Creating a Legal Proposal
Authors: Burris Scott , Berman Micah L. , Penn, and Matthew , Holiday Tara Ramanathan
Published: September 2018

Chapter 15 reviews the importance of strategy and research in the formation and drafting of a proposed public health law, including assessing potential support and opposition. The chapter dictates an iterative process whereby the proposal’s drafter should first seek to understand his or her own proposal and its goals, explore the values-and practical-based interests behind why anyone would care about the legal proposal, identify groups of people and individuals who sympathize with or oppose the interests or burdens underlying all aspects of the proposal, research the history and positions of these groups, and anticipate challenges to the proposed enactment and implementation.
How to Write a Law
Authors: Burris Scott , Berman Micah L. , Penn, and Matthew , Holiday Tara Ramanathan
Published: September 2018

This chapter defines the process of drafting a law, beginning with understanding the goal of the law, then moving through the steps of incorporating the existing science and law, capturing the goal, the rules of conduct, and intervention in organized language and structure, which differs depending on whether the law is a regulation or a statute, and soliciting expert and stakeholder feedback. The chapter also covers technical drafting issues, such as legal definitions, cross-references, use of consistent terminology, and the use and placement of modifiers.
Models of Regulation
Authors: Burris Scott , Berman Micah L. , Penn, and Matthew , Holiday Tara Ramanathan
Published: September 2018

This chapter defines regulation and identifies its three generic elements: a standard of behavior, means of monitoring whether the standard is being practiced, and means of incentivizing those who have not adopted the behavior to do so. The chapter introduces the various actors within and outside of government who may practice the elements of regulation and reviews the theory of responsive regulation and enforcement. The chapter ends with an exploration of the challenges to effective regulation.
Defending Lawsuits
Authors: Burris Scott , Berman Micah L. , Penn, and Matthew , Holiday Tara Ramanathan
Published: September 2018

Chapter 20 explores the strategic reasons why entities may challenge public health laws, and uses the R.J. Reynolds Tobacco Company v. FDA case to walk through the steps of a legal challenge to a public health law. The chapter also identifies the attorneys involved in defending public health laws on behalf of local, state, and federal government entities and explains how legal technical assistance from public health organizations can support their efforts. Finally, the chapter defines the role of amicus curiae briefs and how they may effectively contribute to the defense of public health laws and regulations.
The Role of Ideal Theory
Authors: Hartley Christie
Published: September 2018

This chapter discusses whether political liberalism’s commitment to ideal theory makes it ill-suited for theorizing about justice for socially subordinated groups such as women and racial minorities. It is shown that political liberalism’s commitment to ideal theory does not entail assuming away race or gender as social categories that give rise to concerns about justice. Even within a politically liberal well-ordered (ideal) society racial or gender inequalities may arise due to the role that beliefs about race or gender play in some persons’ comprehensive doctrines. Furthermore, it is argued that theories of justice developed for a well-ordered politically liberal society provide important guidance for correcting injustices on the basis of gender and race in nonideal societies.
The Moral Foundation of Public Justification and Public Reason
Authors: Hartley Christie
Published: September 2018

This chapter discusses the moral foundation of public justification for political liberals. Two conceptions of liberal democracies are contrasted together with their distinctive accounts of public justification. It is argued that political liberals view liberal democracies as a shared project among persons with the end of living on terms of mutual respect with others and that this leads to a shared reasons view of public justification. This view is shown to be superior to the convergence account of public justification on the grounds that (1) convergence accounts of public reason fail to capture what is distinctive about democratic decision-making, namely, that it represents a kind of collective willing, and (2) convergence accounts lack normative stability. Political liberalism offers both.
Exclusive Public Reason
Authors: Hartley Christie
Published: September 2018

This chapter develops the idea of public reason based on the shared reasons account of public justification. It is argued that the moral foundation for political liberalism delimits a narrow scope for the idea of public reason, such that public reasons are required only for matters of constitutional essentials and basic justice. It is also argued that where public reason applies, persons as citizens have a moral duty to never appeal to their comprehensive doctrines when engaging in public reasoning. Hence, an exclusive account of public reason is vindicated. Finally, we respond to various potential objections to our view, such as the claim that the shared reasons view requires identical reasoning and the claim that public reason is interderminate or inconclusive.
Religious Exemptions
Authors: Hartley Christie
Published: September 2018

This chapter considers whether political liberals can recognize exemptions from generally applicable laws when those laws substantially burden living in accordance with a religious comprehensive doctrine. It is argued that in some cases political liberals can recognize religious accommodations or exemptions. However, political liberals cannot single out religion, in particular, for special treatment; when other commitments function in the same way, those commitments should enjoy the same status as religious commitments. Nevertheless, it is claimed that political liberals cannot recognize exemptions or accommodations on any basis when a law is needed to secure and protect the equal standing of all persons as free and equal citizens.
Is a Feminist Political Liberalism Possible?
Authors: Hartley Christie
Published: September 2018

This chapter makes the case that political liberalism is a feminist liberalism. It is argued that political liberalism’s ideas of reciprocity and equal citizenship limit reasonable political conceptions of justice to only those that include principles that yield substantive equality for all, including women (and other marginalized groups). To this end, it is claimed that the criterion of reciprocity calls for (1) the eradication of social conditions of domination and subordination relevant to democratic deliberation among free and equal citizens and (2) the provision of the social conditions of recognition respect. As a result, the criterion of reciprocity limits reasonable political conceptions of justice to those that provide genuine equality for women along various dimensions of social life central to equal citizenship.
Removal and Displacement
Authors: Chiang Connie Y.
Published: September 2018

This chapter examines how Japanese Americans’ involvement in natural resource industries (farming and fisheries) shaped the campaign for their removal from the Pacific Coast in the wake of Japan’s attack on Pearl Harbor. Their intimate knowledge of these lands and waters grounded arguments to both expel and keep them. This chapter also explores Farm Security Administration (FSA) efforts to keep Japanese American land in production. Fearing a decline in crop output at a time when certain foodstuffs were in high demand, FSA officials sought substitute operators to cultivate farms in Japanese Americans’ absence. These negotiations often led to significant economic losses for detainees.
Choosing Sites, Building Camps
Authors: Chiang Connie Y.
Published: September 2018

This chapter explores the process by which the War Relocation Authority selected camp sites, acquired the land, and built the camps, with close attention to how the natural world shaped selection and construction decisions. Despite the notion that Japanese Americans were exiled to the middle of nowhere, the WRA was deliberate in choosing sites. The camps had to be far from urban areas and places of strategic importance, but they also had to have favorable growing conditions for large-scale farm programs and adequate infrastructure—water, sanitation, electricity—for thousands of detainees. This chapter also analyzes how Japanese American detainees reacted to the camps and how the WRA addressed the initial environmental challenges, especially the dust and desert heat.
Environmental Patriotism
Authors: Chiang Connie Y.
Published: September 2018

During the war, many natural resources and environmental activities were directly connected to the war effort. This chapter examines how Japanese Americans tried to show their patriotism and prove their loyalty to the United States by engaging with nature in these prescribed ways. These interactions often involved the production of food, with detainees planting victory gardens and working as sugar beet harvesters at a time when farms were experiencing severe labor shortages. In addition, Japanese Americans at Manzanar participated in a program to cultivate and process guayule, a plant that experts believed could address a nationwide rubber shortage. Participating in these activities became expressions of environmental patriotism.
Epilogue
Authors: Chiang Connie Y.
Published: September 2018

The epilogue explores how the natural world has become a critical element of Japanese Americans’ wartime memories and the public commemoration of the incarceration. It examines pilgrimages to the former camps, National Park Service programs for the preservation of the confinement sites, and private efforts to restore gardens. These diverse acts of remembrance are linked to both the environments of the Pacific Coast and the former incarceration camps. The epilogue also examines a campaign to protect the Manzanar viewshed from solar development. There, the remains of the built environment—barracks, guard towers, barbed wire—coupled with the surrounding terrain and views were critical to efforts to encourage visitors to imagine what confinement must have looked and felt like.
The Argument from (Natural) Numbers
Authors: Goldschmidt Tyron
Published: September 2018

This chapter considers Plantinga’s argument from numbers for the existence of God. Plantinga sees divine psychologism as having advantages over both human psychologism and Platonism. The chapter begins with Plantinga’s description of the argument, including the relation of numbers to any divine attribute. It then argues that human psychologism can be ruled out completely. However, what rules it out might rule out divine psychologism too. It also argues that the main problem with Platonism might also be a problem with divine psychologism. However, it will, at the least, be less of a problem. In any case, there are alternative, possibly viable views about the nature of numbers that have not been touched by Plantinga’s argument. In addition, the chapter touches on the argument from properties, and its relation to the argument from numbers.
The Argument from Physical Constants
Authors: Collins Robin
Published: September 2018

This chapter will explicate a new teleological argument for theism, one based on the intelligibility of the universe and the science-friendly character of the laws of nature. Specifically, it begins by presenting some of the preliminary evidence that the fundamental parameters of physics fall in a relatively small range that maximizes our ability to make scientific discoveries. This is called as the “fine-tuning for scientific discovery.” It then shows how this fine-tuning provides potentially powerful new evidence for theism. Unlike the much discussed anthropic fine-tuning (or fine-tuning for life), this kind of fine-tuning cannot be explained by the multiverse hypothesis since it does not encounter an observer-selection effect. Further, it avoids some other objections commonly raised against the anthropic fine-tuning argument, such as the so-called normalizability problem. Consequently, this new fine-tuning argument has the potential of providing an outstanding supplement to the standard anthropic fine-tuning argument for theism.
The Naïve Teleological Argument
Authors: Evans C. Stephen
Published: September 2018

This chapter considers an argument from design, meant for those without a technical scientific background, and based on Thomas Reid’s concept of natural signs. For Reid, sensations function as natural signs in perception when some object in the world causes sensations, on the basis of which one is disposed to form beliefs and concepts about those objects. This establishes direct, non-inferential knowledge of what we perceive. If God exists, it is plausible that He would make himself known by means of natural signs. One kind of natural sign would be the perceived design in nature. According to both externalist and internalist accounts of knowledge, natural signs of God offer justification for a person to believe in God. The justification could be non-inferential but the sign could also be the basis of an argument of the type explained in this chapter. The chapter ends by responding to an objection from evolution against apparent design.
The Argument from Positive Epistemic Status
Authors: Barrett Justin L.
Published: September 2018

Plantinga’s suggested argument for God from positive epistemic status takes as its starting point that many of our beliefs have positive epistemic status and that such positive status is best thought of as derived from our belief-forming faculties functioning properly in an appropriate environment. Plantinga suggests that this proper function is best understood in terms of a designer having engineered these faculties for particular purposes, the best candidate for this designer being God. A ready objection is that the needed “proper” functioning could be derived from evolution and, so, God is not obviously the best candidate for being the “designer.” This essay evaluates versions of this objection in reference to recent scientific research from cognitive developmental psychology and cognitive science of religion.
The Putnamian Argument, (O) The Argument from Reference, and (P) The Kripke-Wittgenstein Argument from Plus and Quus
Authors: Bonevac Daniel
Published: September 2018

This chapter examines three of Alvin Plantinga’s arguments for the existence of God: the Putnamian argument (or the argument from global skepticism), the argument from reference, and the Kripke-Wittgenstein argument from plus and quus. They begin with skeptical arguments against the possibility of knowledge, reference, or content and convert them into arguments for God’s existence. The key idea behind these arguments is that content and the knowledge of it are infinitary and normative. These features of content make it impossible to account for a speaker’s content, since a finite being’s dispositions are finite. Content requires a non-naturalistic relation to an infinite set of finite minds or to an infinite mind. The only options for accounting for content are pragmatism and theism. If pragmatism fails, then theism is the only remaining option.
The General Argument from Intuition
Authors: Koons Robert C.
Published: September 2018

Argument Q, the seventeenth argument in Plantinga’s battery, concerns the problem of explaining how we can take seriously our capacity for intuition in such areas as logic, arithmetic, morality, and philosophy. This argument involves a comparison between theistic and non-theistic accounts of these cognitive capacities of human beings. The argument can take three forms: an inference to the best explanation, an appeal to something like the causal theory of knowledge, and an argument turning on the potential threat of undercutting epistemic defeaters concerning the reliability of intuition. All three support the conclusion that we can have intuitive knowledge only if the reliability of that intuition is adequately grounded, as it can be by God’s creation of us.
Moral Arguments (actually R1 to Rn)
Authors: Baggett David
Published: September 2018

This chapter quickly summarizes the contours of an abductive moral argument for God’s existence. The specific moral phenomenon in question here is moral duty or obligation, Plantinga’s preferred variant for this sort of argument, considering it to be the moral fact most resistant to naturalistic analysis. Noting the distinctive features of moral obligations without domesticating or watering them down enables one to see that the best explanation needs to be more robust than what naturalistic sources alone are likely to generate. The chapter gives two versions of the argument, the deductive version and the abductive version, an inference to the best explanation. It will be asserted that the second formulation, in particular, constitutes a formidable challenge for the skeptic about God’s existence.
The Argument from Love and (Y) The Argument from the Meaning of Life
Authors: Walls Jerry L.
Published: September 2018

This chapter combines Plantinga’s argument from love and his argument from the meaning of life. The challenge faced by naturalism with regard to the meaning of life is shown by the stark limits imposed by the existentialist account of meaning given by Sartre, and more recently by the argument that there is a large gap between the objective meaning of our lives, and the subjective, as articulated by Nagel. The deficiencies of naturalism are further probed by examining the accounts of love and altruism proposed by contemporary sociobiology. In addition, the chapter highlights the harsh reality that mortality undermines the meaning of life if it is true that all the achievements of humanity and all the things that matters to us will be devastated by the finality of death and destruction. Theism, by sharp contrast, grounds the hope that love is stronger than the forces of death and destruction. Christian theism in particular not only gives us a much richer account of the meaning and value of love, but it also gives us powerful resources to explain why our lives are deeply meaningful objectively as well as subjectively.
Arguments from Providence and from Miracles
Authors: McGrew Timothy
Published: September 2018

The mid-20th century consensus regarding Hume’s critique of reported miracles has broken down dramatically in recent years thanks to the application of probabilistic analysis to the issue and the rediscovery of its history. Progress from this point forward is likely to be made along one or more of three fronts. There is wide room for interdisciplinary collaboration, work that will bring together scholars with expertise in religion, psychology, philosophy, and empirical science. There is a great deal of work still to be done in formal analysis, making use of the tools of modern probability theory to model questions about testimony and inference. And the recovery and study of earlier works on the subject—works that should never have been forgotten—can significantly enrich our understanding of the underlying issues.
Supporting Black Institutions and Communities
Authors: Valls Andrew
Published: September 2018

Liberal political theory generally supports claims to autonomy that are made on behalf of national minorities, yet similar claims made by African Americans are usually ignored or rejected. This chapter argues the liberal multiculturalism should be extended to African Americans, and that doing so places black “community control” claims in a new light. Liberal political theory can support many of the arguments made by black nationalists during the Black Power movement. In particular, the black nationalist critique of integration as the main route to racial equality continues to have a great deal of merit. Any plausible approach to racial justice must take account of this critique and must accommodate some black nationalist claims.
Justice and Residential Segregation
Authors: Valls Andrew
Published: September 2018

The built environment in cities and the distribution of individuals within it have profound implications for the prospect of justice. Racial residential segregation raises issues of justice because of both how it came about and how it limits the quality of life for many African Americans. Some scholars argue that the solution to the disadvantages of concentrated black poverty is to “deconcentrate” the urban poor through housing vouchers. This chapter criticizes this approach as both impractical and as entailing significant costs to African Americans that are too often ignored or down-played. A better approach is to improve conditions in poor neighborhoods.
Racial Justice and Criminal Justice
Authors: Valls Andrew
Published: September 2018

The criminal justice system in the United States both reflects racial inequality in the broader society and contributes to it. The overrepresentation of African Americans among those in prison is a result of both the conditions in poor black neighborhoods and racial bias in the criminal justice system. The American system of criminal justice today is excessively punitive, when compared to previous periods and to other countries, and its harsh treatment disproportionately harms African Americans. In addition, those released from prison face a number of obstacles to housing, employment, and other prerequisites of decent life, and the concentration of prisoners and ex-prisoners in black communities does much to perpetuate racial inequality.
Conclusion
Authors: Valls Andrew
Published: September 2018

Liberal political theory has far-reaching implications for issues of racial justice in the United States. It supports demands for reparations, appropriate memorialization, support for black institutions, affirmative action, dramatic improvement of the conditions in black neighborhoods, reform of the criminal justice system, and the enhancement of educational opportunities for African Americans. The underlying theme running through all of these conclusions is that racial justice requires not necessarily integration but rather a commitment to the liberty and equality of all. These conclusions converge with the demands of radical movements and schools of thought, such as critical race theory and the Movement for Black Lives.
Horizons
Authors: Phillips Jason
Published: September 2018

Focusing on westward expansion, this chapter studies antebellum warnings that frontier conflicts would cause civil war. It shows how diverging material cultures divided northerners and southerners in the West, the region that Americans associated with the future. Southern settlers wielded bowie knives to threaten aggressive filibusters and manly conquests for slavery. Northern emigrants concealed arms in crates to project how a civilized culture and prosperous economy would preserve the territories for freedom. These material cultures clashed at the Battle of Black Jack when John Brown captured Henry Clay Pate and stole his bowie knife. Black Jack was the first battle between northerners and southerners over slavery.
Speculations
Authors: Phillips Jason
Published: September 2018

This chapter explains speculations that a civil war would be sparked by a sectional conflict between rival classes and economies. Radicals in both regions imagined an unavoidable battle between free labor and slavery. It shows how new technology and burgeoning capitalism affected American approaches to the future. The telegraph promoted faith in the reach and permanence of human actions. The railroad encouraged a go-ahead culture of enterprising visionaries who won the race of life by progressing ahead of ordinary men and fashioning the future. These changes increased the tempo of life, heightened fears of economic panics and political conspiracies, and emboldened speculators who hoped to capitalize on a showdown between free and slave labor.
The Old Order
Authors: Bomberger E. Douglas
Published: September 2018

At the height of the concert season, Karl Muck and Walter Damrosch toured the East Coast with their orchestras, while Fritz Kreisler, Ernestine Schumann-Heink, and Olga Samaroff performed in recital and as orchestral soloists. The economics of funding symphony orchestras is explored, as the patronage of wealthy guarantors was essential. In order to meet James Reese Europe’s demands for a similar guarantee fund for his regimental band, Col. William Hayward convinced millionaire Daniel Reid to underwrite the costs. At the same time, midwestern audiences heard a new style of jazz music in the vaudeville performances of the Original Creole Band and the cabaret performances of the Original Dixieland Jazz Band, whose historic New York debut occurred at Reisenweber’s 400 Club on the evening of 27 January 1917.
Middle America
Authors: Bomberger E. Douglas
Published: September 2018

Within weeks of the release of the ODJB’s “Livery Stable Blues” on 15 April, jazz became a household word across the United States. The frantic, unbridled sound of the new music seemed to suit the spirit of the times ideally. In the midst of a copyright dispute with Victor, the ODJB recorded for Columbia. Walter Damrosch’s New York Symphony Orchestra toured from coast to coast, and Karl Muck brought the Boston Symphony Orchestra season to an end amid rumors of his loyalty to Germany. New restrictions on enemy aliens threatened to impact musical performers and presenters. James Reese Europe gathered woodwind players on a whirlwind trip to Puerto Rico, then took his Fifteenth Infantry Regiment Band to train and rehearse at Peekskill, New York.
Epilogue
Authors: Bomberger E. Douglas
Published: September 2018

The activities of the eight musicians on New Year’s Day 1918 reflected their changed status in the musical world. Kreisler and Schumann-Heink had withdrawn from the stage, and Muck was under intense pressure to follow suit. Damrosch and Samaroff continued to be popular with audiences, but the climate of a country at war made their positions tenuous. Nick LaRocca’s Original Dixieland Jazz Band was the toast of New York after being virtually unknown a year earlier. Keppard and the Original Creole Band continued to travel the vaudeville circuits, essentially where they had been a year earlier. Jim Europe’s first concert on French soil set the stage for the introduction of jazz to Europe.
Introduction
Authors: Patton Raymond A.
Published: September 2018

This chapter introduces punk as a phenomenon that arose in the mid-1970s across the societies of the First and Second Worlds and in conversation with the Third World. It briefly reviews the trajectory of punk scholarship from the British cultural studies tradition, the post-subcultural studies critique, and recent efforts to combine the strengths of both approaches to capture punk’s sociopolitical significance without reducing it to politics. It locates punk’s significance in terms of several interrelated global sea changes taking place in the “late Cold War world” of the 1970s through 1980s, including globalization, postmodernism, a transformation in subcultures, and the intertwining of politics and culture.
Prophets of Postmodern Provocation
Authors: Patton Raymond A.
Published: September 2018

This chapter situates the rise of punk in the avant-garde artistic networks that spanned the First, Second, and Third Worlds of the Cold War era. It examines the roles of UK punk impresario Malcolm McLaren, who launched the Sex Pistols, and Polish punk impresario Henryk Gajewski, and the mutual interest between burgeoning punks and international art circles involved in avant-garde art movements such as Pop Art and Fluxus. It shows how punk evolved in dialogue with the wider phenomenon of postmodernism, challenging conventional metanarratives structuring the social order, blurring genres, and striking down the boundaries between art and everyday life.
Thatcher, Reagan, Jaruzelski
Authors: Patton Raymond A.
Published: September 2018

This chapter examines punk’s intertwined relationship with the rise of neoconservative/neoliberal politics amid the regimes of US president Ronald Reagan, UK prime minister Margaret Thatcher, and martial law Poland under first secretary of the Communist Party General Wojciech Jaruzelski. In each country, punk was intertwined with a shift from a Cold War political framework toward neoliberalism and an increasingly culturally based political alignment. Examining Oi! and 2 Tone in the United Kingdom, and straightedge, hardcore, and the punks around the ’zine Maximum Rocknroll in the United States, it shows how punk scenes around the world became entangled in these shifts and found themselves fracturing along the newly relevant political categories. In Eastern Europe, market reforms and efforts to revive the Polish economy and cultural sphere exacerbated tensions between subcultural capital and actual capital, creating analogous divisions within its punk scenes.
Nationalism and Its Digital Modes
Authors: Schneider Florian
Published: September 2018

Chapter 2 discusses nations and nationalism in the digital age. It reviews how scholars have made sense of nationalism in the past, and it argues that the most useful way to view nations and nationalism is as modern technologies. It makes the case, as scholars like Benedict Anderson and Michael Billig have done before, that human beings ‘imagine’ nations, and that they do so largely through communication practices. To understand these communication practices, the chapter proposes that we view social groups as networked communities. It lays out an original theory of nations and nationalism, and it goes on to discuss nationalism in the Chinese context. The chapter concludes by making the case that a diverse range of actors ‘programme’ the networks of national communities through discursive practices in order to shift what the nation means. Nationalism, then, becomes an emergent property of these networked activities.
Selling Sovereignty on the Web
Authors: Schneider Florian
Published: September 2018

Chapter 6 examines the East China Sea dispute on China’s web. This includes an analysis of the official Chinese Diaoyu Islands website, but also of various military news portals and the web presence of non-governmental advocacy groups. While the issue is more dynamic, and notably involves more commercial actors, than the Nanjing Massacre case of the previous chapter, Chinese sites nevertheless fall back on traditional mass-media scripts. The analysis also reveals how this nationalist topic ‘sells’ in digital China: the prominent web resources make heavy use of advertising pop-ups and click-bait, and they juxtapose nationalist imagery with violence, pornography, and gambling offers. The chapter argues that, on China’s web, the issue of the East China Sea dispute is governed by a tacit consensus between political and commercial actors to commodify nationalist symbols for consumption by a specific target demographic, and that this practice shifts Sino–Japan discourses into chauvinistic directions.
In Our Best Interest
Authors: Hanna Jason
Published: September 2018

This book argues that there is nothing distinctively objectionable about paternalism. According to the pro-paternalist view it defends, it is permissible to intervene in a person’s choices or behavior whenever doing so would serve that person’s best interest without wronging anyone else. Many moral and political philosophers reject this view. Some hold that paternalistic intervention is insulting, or that it imposes values on people, or that it violates rights to autonomy. Others follow J. S. Mill in arguing that paternalism is likely to be counterproductive. The book sets out several different versions of these objections, arguing that each fails to refute the core pro-paternalist claim. Moreover, it shows that common anti-paternalist views are subject to a powerful internal critique: they cannot easily accommodate the widely held view that it is generally permissible to intervene on behalf of ill-informed or impaired decision-makers. Although the book’s central aim is to defend a moral principle, it considers several cases to indicate how the principle can be fruitfully applied.
Pro-Paternalism
Authors: Hanna Jason
Published: September 2018

The central aim of this chapter is to set out the pro-paternalist view defended in the remainder of the book. According to pro-paternalism, it is always a valid reason in favor of intervening in someone’s affairs that doing so would advance some of her interests, and such intervention is justified when, all things considered, it would serve the target’s best interest without wronging anyone else. This view is contrasted with its anti-paternalist competitors. The contrast between these views suggests that the debate over paternalism is most fundamentally a debate about the weight and availability of a certain sort of rationale for intervention. Having clarified the terms of the debate over paternalism, the chapter concludes by distinguishing among several different types of intervention and briefly outlining the chapters to follow.
Insult and Equality
Authors: Hanna Jason
Published: September 2018

This chapter critically assesses three related objections to paternalism: that paternalism is prompted by insulting motives (the motive-based objection), that paternalism expresses an insulting message (the expressive objection), and that paternalism denies the moral equality of those subject to it (the status-based objection). Such objections have been pressed most prominently by Seana Shiffrin and Jonathan Quong. This chapter argues that none of these insult-based objections shows that there is anything even presumptively wrong about successful paternalistic intervention. Three of its central arguments are that the paternalist agent’s motives are probably irrelevant to the permissibility of her behavior, that any message expressed by effective paternalistic intervention is likely to be true and thus unobjectionable, and that treating someone as though she is unlikely to make a good choice does not involve denying that she possesses capacities that are important to her status as an equal.
Soft Paternalism I
Authors: Hanna Jason
Published: September 2018

This chapter begins a critical examination of the distinction between hard and soft paternalism. As the hard/soft distinction is typically drawn, hard paternalism involves intervention in voluntary self-regarding choices, while soft paternalism involves intervention in nonvoluntary self-regarding choices. This chapter focuses on the ignorance exception, according to which it is easier to justify intervention in ill-informed choices than in otherwise comparable but informed choices. The central argument is that the ignorance exception faces serious difficulties when applied to decision-makers who are responsible for their own ignorance. It is also argued that this problem may have its source in anti-paternalists’ failure to distinguish the claim that one has voluntarily assumed a risk from the claim that one has voluntarily brought about a certain outcome. If the ignorance exception cannot be adequately defended, the chapter concludes, most anti-paternalist views will have unsettling implications.
Soft Paternalism II
Authors: Hanna Jason
Published: September 2018

This chapter continues the examination of the hard paternalism/soft paternalism distinction begun in chapter 6. It focuses on the impairment exception. According to the impairment exception, it is easier to justify intervention in imprudent and impaired choices, such as those affected by temporary emotional distress, than it is to justify intervention in comparably imprudent but unimpaired self-regarding choices. In order to defend this view, one must offer an account of impairment that yields intuitively plausible implications about cases, and one must also show that this account of impairment is morally relevant. It is argued that soft paternalists have failed to complete either of these tasks. The chapter focuses on Joel Feinberg’s notion of voluntariness and on attempts to defend the hard/soft distinction by appeal to some notion of instrumental rationality. It concludes that the hard/soft distinction, and the many anti-paternalist views that rely on it, ought to be rejected.
Applications
Authors: Hanna Jason
Published: September 2018

This concluding chapter considers some possible implications of pro-paternalism for tobacco and alcohol policy, compulsory insurance laws, and the physician–patient relationship. It is argued that pro-paternalism would probably support a gradual transition toward a prohibition on the sale of tobacco and that it would support the more stringent regulation of alcohol—for instance, through price increases. Pro-paternalism would also lend support to policies under which people are required to purchase health insurance for themselves; this result is significant, since it is argued that such policies cannot obviously be supported on wholly nonpaternalistic grounds. Finally, although pro-paternalism would not give physicians broad license to withhold information from their patients, there may be limited circumstances in which such withholding is justified. The chapter concludes that there are a number of important and arguably attractive policies that can probably be justified only on paternalistic grounds.
Introduction: Freud’s “The ‘Uncanny’ ” and the Mahābhārata
Authors: Hiltebeitel Alf
Published: September 2018

Chapter 1 provides entrée to the book’s Mahābhārata subject matter. Among what Freud calls three “classes” of the uncanny, it treats Freud’s handling of castration anxiety and his emphasis on Oedipal themes, but also discusses Freud’s belated handling of the pre-Oedipal, along with his explanations of sources for burial alive, doubles, and ghosts (which he calls “revenants”). It discusses parallels between Freud’s view that “ontogeny recapitulates phylogeny” and Indian theories of karma and reincarnation. The author argues that the Mahābhārata forges a comparable empire to Freud’s with its own uncanny handling of myth. He also introduces two prominent epic terms that parallel Freud’s understanding of the “uncanny”: māyā, or “illusion,” which is associated especially with Kṛṣṇa, and adbhuta, the “marvelous.”
Uncanny Domesticities
Authors: Hiltebeitel Alf
Published: September 2018

Chapter 4 takes up Wulff Alonso’s hypothesis that the Mahābhārata poets worked from a Greek repertoire in modeling many of their stories. It discusses the epic’s divine plan of the Unburdening of the goddess Earth, and its Greek counterpart in the Iliad’s Plan of Zeus. In discussing the Mahābhārata’s myth of the five former Indras, in which the latest Indra, acts pridefully toward Śiva and is cursed to be uncannily buried alive, it uses the epic’s treatment of the law of karma as its possible rendering of the repurcussions of Greek hubris. Chapter 4 thus pursues questions about the Mahābhārata as text and tradition, and presents the idea that the earliest baseline text gives us something like what Freud calls primary process.
Kālī and Aravāṉ-Kūttāṇṭavar
Authors: Hiltebeitel Alf
Published: September 2018

Chapter 5 considers Bose’s concept of the “Oedipus mother” via a discussion of Aravāṉ-Kūttāṇṭavar’s self-mutilating sacrifice as a battle-opening offering to “mother” Kālī. This sacrifice is presented in three different contexts: one from the Draupadī cult, and two from the Kūttāṇṭavar cult. The Kūttāṇṭavar story was developed entirely in Tamil country, but there are comparable narratives about different Mahābhārata heroes from all over India. Bose wrote to Freud that his Indian patients did not exhibit castration dread like Western patients, but had instead a “wish to be female.” Bose thus seems better positioned than Freud to interpret the Kūttāṇṭavar cult. Chapter 5 also looks at Freud’s “The ‘Uncanny,’ ” discussing the hero’s “castration” and his prenatal audition of a discussion in the womb.